Records of the Sheriff court of Aberdeenshire

Aberdeen University
Studies ! No. 24

Sheriff Court of Aberdeenshire

University of Aberdeen.

COMMITTEE ON PUBLICATIONS.

Convener : Professor JAMES W. H. TRAIL, F.R.S., Curator of the University

Library.

UNIVERSITY STUDIES.

General Editor: PETER JOHN ANDERSON, M.A., LL.B., Librarian to the

University.

1900. No. i. — Roll of Alumni in Arts of the University and King's College of Aberdeen, 1596-
1860. Edited by P. J. Anderson.

,, No. 2.— Records of Old Aberdeen, 1157-1891. A, M. Munro, F.S.A. Scot. Vol. I.

,, No. 3. — Place Names of West Aberdeenshire. James Macdonald, F.S.A. Scot.

1501. No. 4. — The Family of Burnett of Leys. George Burnett, LL.D., Lyon King of Arms.

,, No. 5. — Records of Invercauld, 1547-1828. Rev. J. G. Michie, M.A.

1902. No. 6. — Rectorial Addresses delivered in the Universities of Aberdeen, 1835-1900. P. J.

Anderson.
., No. j.— The Albemarle Papers, 1746-48. Professor C. S. Terry, M.A.

1903. No. 8.— The House of Gordon. J. M. Bulloch, M.A. Vol.1.
,, No. 9.— Records of Elgin. William Cramond, LL.D. Vol. I.

1904. No. 10. — Avogadro and Dalton: The Standing in Chemistry of their Hypotheses. A. N.

Meldrum, D.Sc.

„ No. i-i.— Records of the Sheriff Court of Aberdeenshire. David Littlejohn, LL.D. Vol.1.
,, No. 12. — Proceedings of the Aberdeen University Anatomical and Anthropological Society,

1902-04. President, Professor R. W. Reid, M.D., F.R.C.S.

1905. No. 13. — Report on the Alcyonaria collected by Professor Herdman at Ceylon in 1902.

Professor J. Arthur Thomson. M.A. and W. D. Henderson, B.Sc.
,, No. 14. — Researches in Organic Chemistry. Professor F. R. Japp, M.A., LL.D., F.R.S.,

William Maitland, B.Sc., Joseph Knox, B.Sc., James Wood, B.Sc.

„ No. 15.— Meminisse Juvat: with Appendix of Alakeia. Alexander Shewan, M.A.
,, No. 16 — The Black/tails of that Ilk and Barra. Alexander Morrison, M.D.

1906. No. 17 — Records of the Scots Colleges at Douai, Rome, Madrid, Valladnlid, Ratisbon.

Vol. I. P. J. Anderson.
,, No. 18 — Roll of the Graduates of the University of Aberdeen, 1860-1900. Colonel William

Johnston, C.B.
,, No. 19. — Studies in the History and Development of the University of Aberdeen. P. J.

Anderson and others.
,, No. 20. — Studies in the History and Art of the Eastern Provinces of the Roman Empire.

Professor Sir W. M. Ramsay, D.C.L., and pupils.

,, No. 21. — Studies in Pathology. William Bulloch, M.D., and others.
,, No. 22. — Proceedings of the Aberdeen University Anatomical and Anthropological Society,

1904-06. President, Professor R. W. Reid, M.D.
„ No. 23. — Subject Catalogues of the Science Library and the Law Library in Marischal

College. P. J. Anderson.

„ No. 24. — Records of the Sheriff Court of Aberdeenshire. David Littlejohn, LL.D. Vol. II.

4

Records of the

Sheriff Court of Aberdeenshire

Edited by
David Littlejohn, LL.D,

Advocate in Aberdeen
Sheriff Clerk of Aberdeenshire

Volume II.
Records, 1598-1649

Aberdeen

Printed for the University
1906

) \

Preface

The present volume will be seen to differ from its predecessor
in more than one respect. Although the method adopted there
of using separate columns had much in its favour, and was com-
mended in many quarters, it was, in the matter of space, obviously
wasteful. After much consideration, and with reluctance, it was
abandoned in favour of a mode of dealing with the material, which
enabled the writer to cover more ground. It will also be
observed that the proportion between the Tables of Contents and
the Illustrative material has been greatly altered, the reason for
curtailing the latter being that examples of Sheriff Court work in
the 1 6th century, are much more rare than those in the i;th.
This volume has thus even more of the character of a Dictionary
or Digest for reference, than the former had.

At an early stage the problem had to be faced of whether
anything in the way of selection was to be attempted, or whether
the work should really take the shape of a complete and
exhaustive Table of Contents. It was quite certain that to
adopt the latter plan, was to run the risk of printing a good deal
which might not prove specially useful to any one. On the other
hand, were the plan of selection to be followed, it was clear that
the originals would still be, as regarded the omitted material,
sealed books, leaving it open to searchers to say that what they
particularly desired to have, might have been left out. The
arguments in favour of a full Table of Contents prevailed, and,
although the knowledge that much of what was being produced
might turn out to be comparatively valueless, made the Editor's
labour all the more burdensome, he was sustained by the hope

Vll

Preface

that among the 4000 or 5000 separate entries, which have been
dealt with, investigators might find something that was of interest
and value to them.

At the last moment it was found that the material in the
printer's hands would make too bulky a volume, so the part
covering the period of the Commonwealth's rule in Scotland was
left out, and will form part of the third or Index Volume, which
is in course of preparation.

D. L.

Vlll

Table of Contents

PAGE

Introduction ........... xiii

PART I. RECORDS 1598 TO 1649.

Diet Books, Vol. VI., 1598-1621 I

Do., do., Table of Contents ...... 3

Do., do., Illustrative Example : —

A Michaelmas Head Court . 9

Diet Books, Vol. VII., 1603-4 13

Do., do., Table of Contents . . . . . .15

Do., do., Illustrative Example : —

Criminal Indictment and Trial ...... 25

Diet Books, Vol. VIII., Part I., 1603 29

Do., do., Table of Contents 31

Do., do., Illustrative Examples : —

Proceedings relating to Occupancy of Land .... 42

Criminal Proceedings 45

Diet Books, Vol. VIII., Part II., 1600-22

Do., do., Table of Contents ...... 49

Minute Books of Judicial Enactments, Vol. I., 1605-8 . . .81

Do., do., Table of Contents 83

Do., do., Illustrative Examples : —

Assythment 116

Act of Eviction and Possession 118

Diet Books. Vol., IX., 1607, 1619, 1620 119

Do., do., Table of Contents 120

Do., do., Illustrative Examples : —
Action of Removing — Procedure . . . . . .130

Delegation of the Office of Tutor 132

Trial for Manslaughter and Assault 133

ix

Aberdeenshire Sheriff Court:

PAGE

Minute Books of Judicial Enactments, Vol. II., 1608-14 . . -135
Do., do., Table of Contents . . . . . .136

Do., do., Illustrative Examples : —

Proceedings relating to Occupancy of Land .... 203

Revocation of Deeds granted in Minority .... 205

Appointment of Curator at Litem 206

Decree Books, Vol. II., 1617-18 207

Do., do., Table of Contents ...... 208

Do., do., Illustrative Examples : —

A Bride's Tocher ......... 232

Value of Glass Windows ........ 232

Pig-sticking in Strathdon ........ 233

Master and Servant. Breach of Agreement .... 234

Decree in Supplement. Price of a Horse .... 235

Minute Books of Judicial Enactments, Vol. III., 1619-28 . . 236

Do., do., Table of Contents ...... 237

Do., do., Illustrative Examples : —

Cautionary Obligation. Conditions of Tenancy . . . 297

Disposition of Moveables by a Mother to her Son . . . 298

Renunciation by a Daughter of Succession to her Father . 299

Entries relating to Dr. Arthur Johnston, his Affairs, and Family 299

Harrows Croft, Aberdeen .301

Birth Breives 302

Chair of Mathematics Marischal College ..... 303

Daughter choosing Curators with her Father's Consent . . 304

Minute Books of Judicial Enactments, Vol. IV., 1628-33 • • 3°5

Do.. do., Table of Contents 306

Do., do., Illustrative Example : —

Birth Brieve .......... 332

Diet Books, Vol. X., 1629-1634 ' . . 333

Do., do., Table of Contents ...... 334

Do., do., Illustrative Examples : —

Revocation of Indenture ........ 339

Appointments of Sub-Bailzies, Factors, &c 339

Table of Contents

Diet Books, Vol. X., Illustrative Examples (Contd.) : — PAGE

A Case of Lawborrows 340

Appointments and Admissions of Sheriffs and Court Officials 341

Admission of Advocates in Aberdeen 343

Decree Books, Vol. III., 1631-34 345

Do., do., Table of Contents 346

Do., do., Illustrative Examples : —

Wages of a Herd 384

Decree for Implement. Innominate Contract .... 384

Decree of Supplement ........ 386

Decree for Recovery of Escheated Estate .... 387

Damage to Crop. Outgoing and Incoming Tenant. Custom

of the Country ........ 390

Decree Books, Vols. IV, V., VI., and VII., 1634-42 . . . 392

Vol. V. Table of Contents ....... 393

Do. Illustrative Examples : —
Decree of Supplement. Trespass of Cattle, &c. . . .421

Decree of Delivery. Plate, Jewels, Furnishings, Clothing, &c. 422

Decree for Borrowed Money. Sick Certificate, &c. . • . 424

Decree of Warrandice and Relief. A Stolen Ox-Hide . . 425

Vol. VI., Table of Contents ....... 427

Do. Illustrative Examples : —
Breach of Arrestment . . . . . . . .458

Deterioration of Buildings. Conditions as to Housing of Cattle

for Manure . 459

Loan. Ticket payable to Bearer. Prussian Guilders . .461

Burial Dues and Penalties 461

Spuilzie of Cattle, &c. ........ 462

Bonds of Thirlage ......... 463

Not entering as Cottars. Damages 465

Vol. VII., Table of Contents 466

Do. Illustrative Examples : —

Rent, &c 487

Supplement. Fines for taking Peats. Absence from Court, &c.

xi

Aberdeenshire Sheriff Court

Decree Books, Vol. VII., Illustrative Examples (Contd.) : — PAGE

Horse Sickness, Liability of Neighbour 489

Removing. Objection to Sheriff Depute. Procedure . . 490

Decree Books Vol I., Part II., 1633-44 491

Do., do., Table of Contents 492

Minute Books of Judicial Enactments, Vol. V., 1638-48 . . . 496

Do. do., Table of Contents 497

PART II. OFFICIALS 1600 TO 1649.

The Sheriffs 521

The Sheriffs-Depute 533

The Sheriff Clerks 537

The Procurators Fiscal 539

General Introduction

In the Introduction to the former volume it was stated that
there had come down to us one volume of Court proceedings,
beginning in the sixteenth century and ending in the seventeenth,
and thirty-five volumes belonging wholly to the seventeenth
century, making thirty-six in all. Sixteen of these have been
dealt with in the present volume, the method adopted being as
formerly — a brief description of the particular book or books
followed by a Table of Contents and an Illustrative Example or
Examples. It ought perhaps however to be noticed that in the
case of Vol. IV. of the Decree Books which contains merely
interlocutory procedure, no Table of Contents has been framed
and no examples given, so that the number of books exhaustively
dealt with number fourteen ; but to these must be added Part II.
of Vol. I. of the Decree Books containing Decrees of Transumpt
from 1633 to 1 644.' These Books, as will be seen, not only
differ greatly in character, but the contents of volumes bearing
the same titles have been found to be markedly dissimilar. This
feature need only be alluded to in this place, as it is dealt with in
some detail in the descriptive paragraphs prefixed to individual
volumes.

The loss of most of the original Diet Books actually kept by
the Clerk at his table in the Court, and from which transcriptions
by way of specialization appear to have been made into other
books, many of which have also disappeared, has deprived such

i It is also proper to point out that a bulky Vol. containing Decrees from 1642 to 1649
and another containing Interlocutory entries for the same period, had to be passed \iy pro tern. ;
but with these exceptions the Court Books to 1649 have all been taken up.

Aberdeenshire Sheriff Court :

a work as the present of much of the interest and colour, which
the existence of complete records would have ensured. From
what remains there may, however, be gathered some gleanings,
and it is the purpose of the writer in the few sentences that follow
to direct attention to a few of these.

Entries relating to Crime

To the considerable number of persons who find criminal
trials of absorbing interest these records must prove more or less
of a disappointment. Fortunately the preservation of fragments of
the original Diet Books for 1603, '4, '7, '19 and '20, supplemented
by occasional entries in the earlier of the Minute Books of
Judicial Enactments, has secured to us some examples of crime
and its punishment. The entire absence of cases of the kind
after the earlier years of the century can only be accounted for
by the entire loss of the Criminal books, the existence of which
at a later time is clearly established by a memorandum of the
Sheriff Clerk in the year 1647 (P- 5*6 infra].

There cannot, however, be in existence many such complete
examples of a Sheriff Court Indictment in the earliest years of
the seventeenth century as has been found on 22 February, 1603,
and reproduced as an Illustrative Example from Vol. VII. of the
Diet Books (infra p. 25). John Kid and John Litiljohne (names
elsewhere in history, and in the pages of romance identified with
lawlessness, although not incapable of being found, it is hoped, in
combination with respectability) were evidently in the opinion of
their neighbours on the jury, not only guilty of a number of the
charges laid against them, but of being notorious thieves and
brigands, and deserving, in the opinion of the Sheriff-Depute who
presided, of the very unusual sentence (in the case of men) of
death by drowning. It will be observed that the jury in that case

XIV

General Introduction

numbered twenty-three, two of them from Kincardineshire, and
most of them either neighbours of the accused or residing at or
near the places referred to in the different charges, and also that
in several of the points of dittay, there was embraced a statement
or indication of the evidence which was to be relied upon for
proving them.

Space will not permit of any further detailed notice of the
criminal trials by jury, noticed in the Tables of Contents, or repro-
duced among the Illustrative Examples, but the case of Meldrum
(p. 133) may be referred to in a word as an additional evidence,
if such evidence were necessary, to shew that juries were at that
time invariably drawn from among the neighbours of the accuser
and accused, and neighbourhood of the alleged crime. That case
also may be taken as an illustration of the almost ludicrous dis-
proportion that obtained between the fines imposed, and payable
to the Procurator Fiscal for behoof of the Sheriff, and the sum
awarded to the injured party, as damages and solatium. In
Meldrum's case the fine was ^50, only ^5 being awarded to the
injured party.

Several cases of Acts of Caution to secure the appearance of
persons accused of witchcraft will be found among the Judicial
Enactments ; but no case of a trial for this crime has been found
in these records.

Abundant evidence of the prevalence of violence and blood-
shed will be found, and special reference may be made to the
existence of a feud between families of the names of Elmslie and
Chessor in the neigbourhood of Kintore in 1609 (pp. 144-5),
to the attack upon the schoolmaster of the same Parish on 20
April, 1610 (p. 156), and to the case, under date 6 May, 1612
(p. 179), in which Gilbert and Henry Bartlet were charged with
pursuing another man, with drawn swords in the church of Kinkell,
upon the Sabbath day.

XV

Aberdeenshirc Sheriff Court :

The great importance that was attached to the early healing
of blood feuds will be found illustrated by two examples (pp. 1 16-
17) of Bonds or Agreements for Assythment, one of which
especially is characterized by a certain charming quaintness of
language.

Passing from Crime to what may be called quasi Crime there
will be found numerous examples of Lawborrows, Breaches of
Arrestments, Deforcements, and such Statutory offences as the
taking of salmon in forbidden time, and the cutting and destroy-
ing of green wood. The number of cases of illegal fishing
occurring in the course of a few months in the year 1604, and the
very great number of persons involved, lead one to the conclusion
that in the County of Aberdeen, the statutes upon the subject
were at that time more honoured in the breach than the
observance.

Passing from Crime, an attempt will now be made to
summarize some of the outstanding features of the mass of cases
on what may be called the Civil side of the Court, or in other
words, and in default of a more satisfactory title,

Civil Procedure

The question has sometimes been asked, whether there was
in these old Court Books anything which would throw light upon
the social condition and status of the people at the time. The
answer has been " Not much," but it has occurred to the writer
that in the class of cases called Decrees in Supplementumjusticiae,
may be found material for drawing a picture of the position of the
occupiers, and especially of the smaller occupiers of land, in
relation to those above them, and to the administration of justice.

The case of Mr. Gilbert Keyth, Minister at Skene, against
Thomas Law in Little Finnersie (24 July, 1633, p. 386) may be
taken as an example. Mr. Keyth was the proprietor of the third

xvi

General Introduction

part of these lands, and unless the lands of Finnersie were very
much more extensive at that time than at the present day, the
third part of Little Finnersie (there being also a Meikle Finnersie)
cannot have extended to much more than a few fair-sized fields
of our own time, and the tenant's house cannot, in all probability,
have been much more commodious than what County Officers of
Health would now consider an insanitary hovel. Mr. Keyth being
of opinion that his tenant was behind with his rent, proceeded to
appoint another Keyth to be the Bailie of his lands, a Notary
Public to be a Clerk of a Court of the lands, a third Keyth to be
the Officer of the Court and a fourth person to be the Dempster of
the Court. Accompanied by these officials, who were his nominees,
the Minister, in his capacity of Laird and Pursuer, proceeded to
the tenant's house, and then and there constituted a Court of the
lands, and either then and there, or subsequently, caused to be
embodied in a formal Act of Court, the proceedings that were
said to have taken place. It may be safely left to readers to form
their own opinion as to the tenant's chances of a fair hearing or
of successful pleading in a Court so constituted. It may be
concluded that the tenant was not satisfied (although he was said
to have confessed) because he immediately left the lands, taking
his effects with him, and so rendering it impossible to put the
Decree to execution. His doing so might mean a dishonest
attempt to evade payment of an honest claim, but there is
evidence in other parts of these records that, when a defence
was subsequently offered in the Sheriff Court to similar decrees
modifications were obtained as a result. l It may be observed
moreover, that the prices awarded to the minister by his Court
were materially in excess of the Fiars Prices for the crop
in question. This particular incident has been special'y noticed

I In the case of Cheyne v. Gellan (p. 369) where the Defender was said to have confessed in
the Burgh Court that he was due 12 bolls of meal, the result in the Sheriff Court was a Decree
for a little over 3 bolls.

xvii

Aberdeenshire Sheriff Court :

as illustrating the very subservient and almost hopeless position
of an occupier of the soil in the position of this Thomas Law, in
a dispute with his landlord.

These Decrees of Supplement suggest another line of
thought. At an earlier date the tillers of the soil were to a
large extent astricti glebae, fixed like limpets to a rock, and
the writer cannot recall a single Decree of Supplement in the
sixteenth century. The earliest found, occurred in February,
1603 (p. 33). From that date onwards there was an increase of
these cases, at first slow, but rapidly growingt until their number
was considerable. The meaning of this was, that greater move-
ment was taking place among the tillers of the soil than had
formerly obtained. The coming of the Reformation, which had
stirred the national life, had also brought with it impatience of old
limitations and restrictions.

From the legal historical point of view this increase of move-
ment meant on the one hand, the gradual decadence of Courts of
Lands, Baronies, and Regalities, and on the other, the growth and
extension of the Sheriff Court. The trouble and expense of
double Decrees must have gradually brought it home to the
minds of those interested, that it was simpler and better to resort
directly to a Court, whose jurisdiction extended over the whole
County, than to begin by applying to Courts, whose jurisdiction
was limited to parts, and sometimes to very small parts, of the
Sheriffdom.

It is not possible to gather from these records, specific
information as to the nature of the buildings in which the
agricultural classes were housed, but it clearly appears from
the Books of Judicial Enactments, that everything which made
their dwellings habitable, belonged as a rule to the tenants. The
most cursory reader cannot fail to gather this from the numerous
instances of the arrestment of the whole woodwork of the

xvin

General Introduction

buildings, described in great detail, in proceedings at the instance
of the occupier's creditors. It is also quite true that there are
cases in the Decree Books where actions were brought and
Decrees obtained, by landlords against their tenants for de-
molishing or removing the woodwork of farm buildings ; but
these seem to have applied chiefly in cases where they were
formal leases.

If the old Session Records of the Parish of Skene were
extant and available, some light might be had as to the offences
for which the penalties decerned for 14 June, 1637 (p. 461), were
imposed. In the absence of details, readers must be left to form
their own conclusions.

The agricultural labourer, as such, appears in the Volumes
dealt with, very seldom indeed, and then only in reference to his
" fee " or remuneration. A few cases of not entering to service
— the first on 14 Jany., 1618 — (p. 234), have been found, in which
the penalty awarded against the servant was the amount which
he would have received if he had fulfilled his engagement. The
Decree Books of later date than those dealt with in the following
pages, contain much more numerous examples of cases' between
master and servant.

Of proceedings in the Sheriff Court common in the first half
of the seventeenth century, but which have now disappeared, we
find Actions of Transumpt and of Registration taking a pro-
minent place. An example of a Decree of Transumpt was given
in the first volume (p. 371), but it may not be amiss to explain
that the object aimed at was to secure that, when one or more
parties were interested in the title deeds to lands, each should
have it in his power to obtain from the Court, after transumpt,
an authentic copy of the originals, which to all intents and
purposes should be equivalent thereto. A number of these cases
will be found in Part II. of Decree Book Vol. I. (pp. 492-5).

xix

Aberdeenshire Sheriff Court:

Actions of Registration were instituted for the purpose of en-
abling the heirs of creditors under obligations, containing a clause
of Registration for Execution, to proceed against the debtors
under that clause, as if they had been the original creditors. As
somewhat outstanding examples of this class of Decrees there
may be cited the cases of Janet and Margaret Chalmer, daughters
and co-heirs of Robert Chalmer, burgess of Abd., against their
father's debtors, dated 20 Deer., 1639 (pp. 472-3). In these
instances the Decrees were of great length, every one of the
Bonds and Obligations being (as was the practice) engrossed ad
longum.

In the former volume, Actions of Removing, Actions of
Cognition, Actions of Spuilzie, and Actions for recovery of rent,
occupied the Court almost entirely, and hardly any other kind of
litigation found a place. From the Tables of Contents in the
present volume, it may at once be seen how much the area of the
Court's work had broadened. In that volume almost everything
related to the land, in this there will in addition be found, a vast
number of cases relating to money and personal property, and
rights of a variety of kinds. So much is this the case that it is a
hopeless task to attempt in a short general introduction so to
summarize, as to convey any adequate description of the contents,
a few brief glances being all that is possible.

Actions of Forthcoming were of constant occurrence ; but
frequent as they were, it is evident that if all the arrestments,
which we find recorded among the Judicial Enactments, had
been followed up by such actions, the life of the Court officials
would have been made a burden to them. What was the why and
wherefore of the enormous number of these arrestments ? This
question will force itself on the attention of the reader ; but
cannot be answered with precision and certainty. It is obvious
to start with, that the diligence then called arrestment partook as

XX

General Introduction

much of the character of the poinding or sequestration of effects
in the debtors own possession, as of the attachment of funds or
effects in the hands of third parties. Speaking very generally
the arrestments may be divided into three classes, those for
recovery of ordinary debts, those for the recovery of rent, and
those arising out of boundary disputes. The first of these would
correspond most nearly to the modern arrestment, the second to
sequestration for rent, and the third to poinding. The precepts
upon which the arrestments proceeded were often those of land-
lords, and they were laid on by their officers. Judging from
occasional glimpses behind the scenes, they may at times have
been laid on without a precept or warrant of any kind. The
party who could afford it, and was smart enough to be first in the
field, had a poor and friendless opponent at his mercy. What
could a tenant in such a position do on the eve of harvest, when
all his growing crop had been arrested, or if, on the eve of winter,
it was put out of his power to lay a finger on his stock of peats,
without incurring the pains of breach of arrestment ? No course
was open but submission or sacrifice. It would appear, however,
that many had friends ready to help, often in their own neigh-
bourhood, and frequently in the Town of Aberdeen. When a
tenant was involved in a landlord's dispute, his laird was, of
course, at hand loyally to back him, and in a large number of
instances the arrestments obviously arose out of differences about
marches. As an example of a laird's timely support in a matter
much more serious than a mere boundary dispute, may be cited
the case of Andrew Myntie in Wester Corse (12 Oct., 1609,
p. 151) charged with homicide, for whose appearance to be tried,
and for the release of his property from arrestment Patrick
Forbes (afterwards Bishop Patrick Forbes) of Corse, became
cautioner.

Two localities in the neighbourhood of Aberdeen were for a

XXI

Aberdeenshire Sheriff Court :

time constantly in evidence in disputes about marches, namely,
the " Reid Burne " near Logic Fintray, and the Hill of Drumna-
gair in Old Machar, near the site of the new Kingseat Parochial
Asylum ; but it is not necessary to go so far afield for examples,
for corn was arrested upon the " Thriepfeilds " of Gilcolmstone,
upon " the cruikit myris and outfaldeis of Gilcolmstone " and
upon the south side of the " Theifis fauld of Gelkquhomstowne "
while " faill cassin upon the Wast end of the Cardowne fauld of
Gelkquhomstowne " was made the subject of the same form of
diligence.

Whether it was in connection with the boundaries of his
glebe or not, that in 1606 Mr. Wm. Neilsoune the Minister of
Fintray, fell foul of Wm. Forbes of Logie-Fintray and his tenants,
the record does not disclose ; but we learn (p. 90) that he had to
find caution for 200 merks in a process of Lawborrows, that he
would keep the peace towards them. From the records of the
Presbytery of Aberdeen it would appear that on 17 July, 1601,
the Minister's application to have a glebe designed out of Forbes'
lands was before the Presbytery, and was dealt with. The
Process of Lawborrows originated in the Court of Session in
1603 or 1604, so it is n°t unreasonable to suppose that the
trouble was of the kind indicated.

A quaint entry in 1607 regarding a member of another pro-
fession may suitably be adverted to here. We refer to the case
of Alexander Wilsone, Chirurgeon (p. 99), for whom Thomas
Gordon of Grandoun was cautioner that the accused should
appear " to underly the law for the deathe of umquhill Alexr
Reid sone to Mr Wa. Reid Advocat in Abd. quha depairtit this
present lyff throche the miscuir of the said Alexr as is alledgit."
Unfortunately there is no record of the trial.

In addition to Acts of Caution of various kinds, Renunciations,
Discharges and Ratifications granted by married women in facie

General Introduction

curiae bulk very largely in the Minute Books of Judicial Enact-
ments, and it is hoped that they may be found useful in supplying
genealogists with the names and family descent of the female
members of families, who are never so easy to trace as those of
the other sex. To lawyers, and especially to Civilists, the per-
sistent reference, at one period, in these Acts of Court, to the
Senatus Consultum Velleianum, must be of interest. An example
occurring in the i6th century was printed in the former volume
and references to the Edict have been found at least as late as
I6I3.1 It is said that this edict was never incorporated with, or
recognized as part of, the law of Scotland. Be that as it may, the
fact remains that experienced conveyancers at that time were of
opinion, that in addition to a general renunciation of women's
rights, there should be a special renunciation of this Senatus
Consultum.

A somewhat remarkable and picturesque example of Sym-
bolism, which the writer does not happen to have seen noticed
elsewhere, will be found among the Judicial Enactments of 1606
(pp. 85 and 1 1 8). There is nothing new in the delivery of the
keys of the " fyr " houses barns and office houses, or of " yeird
and stane " of the ground, as there recorded ; but the picture of
carrying out the eviction " be casting out of ane Cheir and ane
Tangis " — the chair presumably in which the previous occupant
sat, and the tongs by which the fire was fed — may possibly be as
new to many, as it is quaint and interesting.

The duties or mutual obligations of neighbours were occasion-
ally brought under the cognizance of the Sheriff Court, and were
dealt with. One of these was the obligation of herding, " or
keeping guids," i.e. bestial, from invading neighbours' corn fields,
a most important matter in the days when sufficient fencing was
very rare. Numerous cases will be found in which damages

I See also Records of Old Aberdeen. New Spalding Club, I., p. 35.

xxiii

Aberdeenshire Sheriff Court:

were sought and obtained for non-fulfilment of this duty. Two
cases of a different and unusual but interesting kind, one
occurring in 1631 (p. 347), the other in 1 64 1 (pp. 483 and 489), may
be specially noticed. In the former, a farmer was found liable to
pay for part of the crop on the adjoining farm, " brunt be him in
his default and sleuth being neighbour to the complenares in sa
far as the defendar kendlit fyr in the moss," etc., and which was
allowed to spread to the corn. In the second case a mare became
affected with a horse sickness, called mortiecheyne, upon which
a neighbour warned the owner to put the animal away, as a
danger to the neighbourhood, and protested that if this was not
done he would be held liable in damages. The owner of the
mare paid no heed to the warning, the infection spread and the
Court found him liable to pay damages.

Information as to the foreign trade of the country is not to
be looked for in Records such as these, but from the case of
Nicolsone v. Smyth and others, 4 June, 1634 (p. 394), we learn
that meal, bear, and malt were shipped in considerable quantities
from Peterhead to Norway, the return cargoes being composed
of timber. The export duty charged upon the grain was 5/- per
boll, while for each " laidning " or " leadning " of wood coming
into the port there was charged ^5.

In this connection attention may be drawn to the case of
Gordon v, Menzies and others, 5 Deer., 1634 (p. 422), not so
much as furnishing a list or inventory of the belongings of a
lady of the better class, although it is not without interest from
that point of view, but rather as showing the number of distant
places with which the inhabitants of these Islands had directly, or
indirectly, established commercial relations. The Netherlands,
France, Spain. Italy, Turkey, Russia and India had all contri-
buted to the filling up of this lady's trunks and kists.

XXIV

General Introduction

It is necessary to allude very shortly to the forms of process
or procedure in the Sheriff Court during the period covered by
this volume. Fortunately this necessity was foreseen, and the
course of two litigated cases was traced out and will be found
under dates 3 June, 1607, and 19 Novr., 1617 (pp. 130 and 226).
It only remains, therefore, to add that so far as the writer has been
able to observe, cases as a general rule took end in five different
ways (i) In default of appearance to defend; (2) By failure to lodge
defences or other paper ordered ; (3) By a decision against either
of the parties on relevancy, proof being disallowed ; (4) By the
failure of one or other of the parties (ordinarily the defender) to
appear at the diet of proof, when specially cited, and (5) By a
decision of the Court after proof. One peculiarity of the then
practice, which will doubtless be noted by legal practitioners, was
that there was apparently no limit to the number of defenders
who could be convened in one action, on different grounds of
debt or liability.

Before passing from the subject of Civil Procedure, two
features of the Decrees, which are very noticeable, call for a few
observations. One of these is still to be observed, although
perhaps not in such a marked degree, while the disappearance of
the other in modern times is a thing deeply to be deplored. The
practice of asking much more than you expect to get, has been
common in all times and in all countries. Of actions of damages
this is specially true. The particular field in which our fore-
fathers surpassed themselves was in the matter of the " excrescent
profits," which they claimed in Actions of Spuilzie. If the state-
ments, which they set down as to the prolific capabilities of their
live stock and their value, had been true, the occupation of cattle,
sheep, swine and poultry rearing would have been profitable
beyond the wildest dreams of the farmers of modern times.
Without repeating details, reference may be made to the case

XXV

Aberdeenshire Sheriff Court :

which the writer, for want of a better name, has titled " Pigsticking
in Strathdon," in 1617 (pp. 218 and 233), and to the case of
Spuilzie of cattle, sheep and horses, in 1637, at the instance of
Sir Robert Innes of that ilk (pp. 445 and 462), which have been
used as Illustrative Examples. A further illustration has been
found in a decree relating to the Spuilzie of the Minister of Glen-
muick's poultry yard, in 1638 (p. 449). In the two cases first
named the Pursuers had to be content with much less than they
sued for ; but the minister, Mr. Alexr. Gordoune, owing
apparently to the non-appearance of the defender, got what he
asked, and what he asked as the excrescent profits of six brood
geese, carried off a year before, was thus expressed : " Ilk guise
ilk day to ane ege pryce thairof twa shillingis1 and ilk guise ilk
yeir sex brodis ilk bruid extending to sextein geis pryce of ilk
guis thairof twentie shillingis." Surely a wonderful picture of
fecundity, and of combination of production with incubation, and
which, according to the terms of the decree, was to continue in
operation until his geese were restored to the Minister, " als
guid as they war the tyme of the spuilzeatioune thairof " !

But if in these days we exaggerate somewhat less than those
who went before us, we fall sadly short of them in their regard
for the sacredness of an oath. Nothing has made a deeper
impression upon the writer's mind than the remarkable efficacy of
the reference to an opponent's oath in those old days. When, in
our litigations, other proof is wanting, and a reference to oath is
suggested, the experience of every one prompts him to say " cut
bono ? " In other words, as a method of ascertaining the truth
from an opponent, it is regarded as practically inoperative and
almost worthless. It was quite otherwise in the i6th century.
Up to the point of proof, every trick of fence that legal ingenuity
and casuistry could suggest, would be used by the procurators

i Scots Money.

XXVI

General Introduction

without scruple, in the attempt on behalf of a defender to stave
off a claim, or to escape liability altogether ; but should these be
overcome, and the merits referred to the defender's oath, one of
two things happened. The recalcitrant debtor either refused to
face the ordeal by absenting himself (which was the common
method), or attended and admitted at least some measure of
liability. The cases of entirely unsuccessful references to oath
formed an exceedingly small proportion of the whole. These
remarks apply not to defenders only, but to pursuers also, who
not infrequently modified their claims on a reference to their
oaths. A notable example of this has already been referred to
in a footnote (p. xvii), where the Laird of Arnage, holding already
an Act of the Bailzie Court against his debtor for 12 bolls of
meal, reduced his claim, upon a reference to his oath, to 3 bolls
i firlot.

Notable Persons

It was in the writer's mind to embrace in this Introduction
some references to the names of the numerous persons of note,
who flit across the pages of the Court Records ; but for various
reasons he has resolved to leave over everything of that kind,
with one exception, to the third or Index Volume. The excep-
tion is that of Dr. Arthur Johnston the poet, whose name occurs,
and whose affairs, movements, and family are dealt with, in a
group of entries reproduced on pp. 299, 300 and 301 infra. It
may be remembered that according to Sir William Geddes'
Memoir,1 Dr. Johnston had returned to Aberdeen from the
Continent previous to August, 1622, because on the 5th of that
month he had been enrolled as a burgess. Farther proof has
been found in the entries just referred to, from the first of which,
under date 12 June, 1622, it appears that, before that date, he

I Musa Latina Aberdonensis, Vol. II., p. xxx.
xxvii

Aberdeenshire Sheriff Court :

had bought a house — no doubt a residence — on the East side of
the Gallowgate of Aberdeen. This house had belonged to one
John Burnet, a burgess, then deceased, whose widow, Issobell
Burnet, had apparently the liferent of it. With her consent,
however, it had been sold, and so on the date mentioned she
appeared in Court to testify to that effect. Her renunciation—
and no doubt the clause was identical with the Disposition which
had been granted — was "in favores of Mr Arthur Jhonstoune
Doctor of Physick, and Marie Cagnoncle his spous now heritable
proprietars of the samen." It is probable that the information,
which was obtained from the Registry of Births at Sedan, in
which the lady's maiden name was given as de Cagniole, was
correct and final. At the same time it cannot be readily assumed
that a scholarly man like Dr. Johnston would furnish a garbled
spelling of his wife's name, to be used in such a serious matter as
a conveyance of heritage to him and her, rior does it seem to the
writer that it is to be taken for granted too easily, that the Clerk
of Court made a mistake in copying from the conveyance. Be
this as it may, the record in this volume fixes the poet as having
taken up his residence in Aberdeen not later probably than Whit-
sunday, 1622. This, as has been said, is quite in accordance with
the conclusion arrived at by Sir William Geddes. There is a
statement, however, by Abbe Bouillot,1 to the effect that Johnston
remained on the Continent until 1623, and the entry which is now
to be referred to may quite well be interpreted as bearing out the
accuracy of the conclusions of both the late learned Principal
and of the Abbe Bouillot. So soon after his return as 28
August, 1622, Dr. Johnston appeared in Court, "being passing
out of this realme and uncertaine of his returning," and nominated
curators ad lites et negotia to his children, who are named. It is
not likely that a mere visit to England would have induced

I Musa Latina, II., p. xx.

XXVlll

General Introduction

Johnston to take this step. His action rather points to this, that
after settling his wife and family in Aberdeen, he returned to the
Continent to wind up his concerns there, and did not finally quit
Sedan until 1623, as the Abbe has it.

What was the cause of his leaving Scotland does not appear
from the Sheriff Court records ; but the necessity laid on him for
appointing curators to his children does. The house he had
bought had belonged to the deceased John Burnet, and when it
was sold, the price, after making provision for the Widow's right
of liferent, would doubtless go to relatives of the deceased owner.
Two of these at least had creditors, who were not very sure of
being paid, so these arrested in Dr. Johnston's hands the price
payable to their debtors, Burnet's heirs. At a somewhat later
date there is evidence that one of the arrestments was withdrawn,
but it is unnecessary to allude to this matter farther than to
indicate, that these complications rendered it desirable for Dr.
Johnston to take the somewhat unusual course which he did, of
appointing curators to his children in his lifetime.

Before bringing these brief notes to a close, it may not be
amiss to add one or two explanatory observations regarding the
text.

The spellings of the names and designations of persons and
the names of places have been scrupulously followed, even when
they differed, as they frequently did, in one and the same entry.
The constantly occurring contractions have, in almost all cases,
been expanded according to the spelling of the period.

In all cases where sums of money occur, Scots money is to be
understood unless it is otherwise stated.

A farther word of explanation may be added for the benefit
of any who may not be familiar with the older forms of Convey-
ancing, and who may be perplexed by observing persons suing as

Aberdeenshire Sheriff Court

heritable proprietors of estates, which they have hitherto believed
to have, at the time, belonged to well-known county families. It
is often puzzling ; but the solution is to be found in this, that,
before the days of Bonds and Dispositions in Security, those who
lent on the security of heritage, received an absolute Disposition,
upon which they obtained themselves infeft in the subjects. It
is true that these Conveyances were qualified by reversionary
clauses, proving that the radical right still remained with the
borrower : but until these provisions became operative by repay-
ment of the debt, the lenders were entitled to style themselves
" heritable proprietors," as in judicial proceedings they almost
invariably did.

PART L

Records, J598-J649

RECORDS OF THE SHERIFF COURT
OF ABERDEENSHIRE

The Diet Books: Vol. VL, J598-162J

This volume contains an almost complete record of the Head Courts
of the County for more than 20 years, from Michaelmas, 1598, to Pasche
or Easter, 1621. From about the middle of the book there is missing the
latter part of the record of the Court at Pasche, 1611, and the whole
record of the Michaelmas Court of that year. It is not absolutely clear
whether some pages are not missing at the beginning of the volume,
which has been mended with tissue paper throughout. There certainly
appears to be at least one leaf missing at the end. The amount of
scribbling on a number of leaves at the beginning and end may almost
be called extraordinary ; but nothing of an authoritative kind by way of
title is decipherable. The date of the first entry, which records an
appointment made at a Court held by the Earl of Huntly, cannot be
made out, except that it was in the month of April : but as the Earl was
not restored to the Sheriffship until June, 1597, and the next date in the
book is October, 1598, it must have been April of the latter year. Two
entries occur in May, 1621, after the date of the last recorded Head
Court, both with reference to the appointment of Sheriff Deputes ; but
unfortunately the second of the two is incomplete. For part of the
period covered by this volume other Diet Books exist, which prove that
this one is a clean copy taken from these, either at the time or soon after.
In these circumstances signatures are not expected to be found, and in
this whole volume only one occurs, that of Mr. William Anderson, the
Sheriff Clerk, who on 3rd October, 1620, appends his signature to the
sentence of fine of the Absent Barons, designing himself " Scriba curie
vicecomitatus de Abd."

Previous to the Michaelmas Head Court of 1609, the fine inflicted
on the Barons for absence was " the unlaw contenit in the Act of

Aberdeenshire Sheriff Court

Parliament," but at that Court .£40 Scots is specified, while at and after
Michaelmas, 1615, the amount is raised to £50 Scots.

It has no doubt occurred to some to speculate as to the origin or
antiquity of the term " my Lord," used in addressing Sheriffs and their
Substitutes in Scotland, as contrasted with the title " your honor," used
in addressing other inferior judges and magistrates both in Scotland and
England. There is nothing in these books to throw light on the origin
of the practice, but they clearly establish the antiquity. The term occurs
occasionally in the books of the i6th century, but is specially prominent
in the sentences of fine in this volume, which begin " The said day my
lord Shreff deput foresaid."

The lists of absentees who were fined and the numerous claims to be
exempted from attendance make it plain that no jurors of our own time
could be more anxious to avoid serving than the county gentlemen of
old were to avoid personal attendance at the Head Courts, while, on the
other hand, no modern judges could be more strict in imposing the
penalties for non-attendance than the Sheriffs of those days were.

Speaking generally, the contents of this volume are Lists of Absent
Barons, claims of exemption from attendance, the entry of suitors and
appointments of Sheriff Deputes. One election of commissioners to
Parliament and general conventions is recorded on ist October, 1616, at
which the Marquis of Huntly presided as Sheriff Principal.

It has not been thought necessary to mention in the subjoined Table
of Contents those Courts at which the business was purely formal.

Table of Contents of Vol. VL of Diet Books

1598.

April Appointment of Sheriff Depute. The Earl of Huntly, sitting on the bench as

Sheriff principal, created John Gordoune in Haltoun of Fintray, a Sheriff depute during
pleasure, who took the oath defideli. Mr. Thomas Leslie, describing himself as depute
to John Leslie of Balquhane, protested that the right to the office, which he also had
from Lord Huntly, should not be prejudiced.

Octr. 3. Head Court. At this Court, presided over by John Gordoune of Bogis, 89

barons were fined for absence of themselves or suitors. The Sheriff admitted Gilbert
Guthrie, elder, as suitor for the Laird of Phillorthe, and Hucheoun Ross, who was
apparently the doomster of the court at this period, as suitor for the Laird of Bairnis.
Alexr. Mortymer, who was suitor for the Laird of Cragyver, protested that the Laird
was obliged to give suit at the Head Michaelmas Court only.

1599-
Jany. Head Court. 80 barons fined. Mr. Wm. Reid, burgess, as Attorney for

George, Earl Marischal protested that his principal should be excused because he was
in His Majesty's service.

April 17. Head Court. 70 barons fined, and the following suitors admitted: — Gilbert

Guthrie, Younger, for John Urquhart of Culbo, Tutor of Cromarty, and also for the
Lairds of Dunlughous and Petfour-Innes. Robert Garioche for the Laird of Towy
Ryland.

Octr. 2. Head Court. 68 barons fined. Patrick Gordoun of Halhead, who claimed that

his only obligation in respect of Head Courts was to give a suitor at the Head Michael-
mas Court, produced in support of his claim a grant by James, King of Scotland to the
late John Gordoune, son to the late John Gordoune in Cushnie of the Lands of
Conquhunderland and Halheid in Cushnie dated 24 July 1511. Other claims for
exemption, complete or partial, were made by the Laird of Balgovnie — Hepburne.
The Laird of Blakfurde. The Laird of Leys, who alleged that his lands of Carnayes
were annexed to his Barony of Leys, and therefore in Kincardine. The Lady of
Kemnay claiming to be immediate tenant to the King and annexed. The Laird of
Thainstoun, who claimed to hold of the Crown for payment of a silver penny at the
Kirk of Kintore, if asked only. The Laird of Auchlossin. The Laird of Cragiver, for
whom an exemption was produced. This document was "ordanit to be batterit and
admitit." John Lumisden of Cushnie, who produced an Act relative to a Charter of
the lands of Cushnie and Madlar, given in presence of the principal Sheriff on 6 Octr.
1590. The following suitors were admitted : — David Straquhan for the parson of
Kincardine O'Neill. Gilbert Guthrie, Younger, for the Laird of Streichin. David
Symesone for the Laird of Tilligovnie. Alexr. Mollysone for George Creichtoune of
Frendraucht. Walter Hay in Middiltoune for the Laird of Middiltoun — Hay. Alexr.
Smyth in Culter, for the Laird of Culter. James Rayne, burgess, for the Laird of
Cushnie. George Elphingstoun, Saidlar, burgess, for the Laird of Petcappill.

Aberdeenshire Sheriff Court :

1600.

Jany. 6. Head Court. 67 barons fined. The Prior of Monymusk protested that his

being present was not to prejudice his right to absent himself in future. David Lyoun,
apparent of Belhelvie, protested on behalf of Lord Glames that hisXordship should not
be fined, as he was at a Convention, and also that the greatest part of his lands was in
other Sheriffdoms. David Straquhan, Sadler, was admitted suitor for Wm. Straquhan
of Glenkindie, while Thomas Douglas, as suitor for the Lands of Kemnay repeated the
Lady of Kemnay's protest made at last Court.

April i. Head Court. 79 barons fined. William Turing of Foveran protested that he

owed only one suit at the Court, and produced an evident granted by King David1 on
June and of his reign the 29th year. Robert Garioche was admitted suitor for the
Laird of Brux.

Sept. 30. Head Court. 90 barons fined. Adam Weir, Messenger, admitted suitor for the

Laird of Kinnaird's lands of Maymie.

1601.

Apl. 21. Head Court. 82 barons fined. Robert Garioche, suitor for Gilbert Mengzeis of

Petfodels and Walter Innes for Mr. George Setoun's lands of [Shethine].

Octr. 6. Head Court. 81 barons fined. Mr. Richard Irving of Hiltoun, burgess of

Aberdeen, admitted one of the Sheriffs depute and sworn in.

1602.

Octr. Head Court. 67 barons fined. John Leslie of Balquhain produced an infeftment

of William Leslie of Balquhain, with a holding from the Crown in ward and relief and
for giving one common suit in the Sheriff Court, dated at Edinburgh 23 July 1511 and
admitted in Exchequer at Linlithgow on 12 August 1530, as evidenced by the signature
of Gawane Dunbar, Clerk Register for the time. The Sheriff depute admitted the
laird's claim. A number of suitors admitted.

1603.

May 3. Head Court. Mr. Richard Irving on the bench. 86 barons fined by the " Lord

Shref depute." Arthur Setoun, suitor for Mr. George Setoun of Shethine.

Octr. 4. Head Court. 76 barons fined. There was produced on behalf of Alexr. Annand

of Auchterellon, a new Crown Charter of his lands dated 24 March 1603, the
obligation under which was to give one suit in the Court and no personal presence. A
number of suitors admitted.

1604.

Apl. 16. Head Court. 69 barons fined. Alexr. Chalmer admitted suitor for James

Setoun of Petmedden, for his lands of Craig and Bourtie.

Octr. 2. Head Court. 66 barons fined. Both Gordon of Bogs and Mr. Richard Irving

of Hilton occupied the bench at this Court. Hucheon Ross was succeeded in the office
of Doomster by Patrick Leslie.

I Presumably David II., Circa 1358.
4

Diet Books: Vol. VI., Contents

1605.

Jany. 8. Head Court. 63 barons fined. Mr. Andrew Clark appeared as procurator for

John Forbes of Petsligo and protested that "he be frie of the unlaw for nocht giffing
sute and presens for his lands of Petsligo, Mekill Wardress and Lethintie in respect of
his infeftment Act of Court extractit furthe of the Shreff Court buiks of Abd. and
Decree of the Lords interponit thairto quhilk the said Mr. Andrew produceit and tuik
npe instantlie agane."

Octr. I. Head Court. 64 barons fined. Both Sheriffs depute on the bench. Alexander

Buchane of Auchmacoy produced title to the lands and barony of Auchmacoy under the
great Seal n March 1603, defining his obligations respecting Courts, and presented
Thomas Buchane in Litill Auchmacoy as his suitor. Mr. Andrew Clark produced
Decree of the Lords dated 22 Jany. 1601, exempting John Forbes of Petsligo from suit
and presence at the Sheriff Courts of Aberdeen. A number of suitors admitted.

1606.

Jany. 7. Head Court. 57 barons fined. Both Sheriffs depute on the bench, the name of

Gordon of Bogs being, as usual, placed first. Mr. John Cheyne of Petfichie presented
Mr. Arthur Watt, Advocate, as suitor for the Laird of Essilmont.

Apl. 29. Head Court. 68 barons fined. Mr. William Barclay, Procurator for Lord

Glames produced an Extract Decree of the Lords of Council, dated 6 March 1606, by
which Lord Glames was made free of suit or presence at the Aberdeen Sheriff Court for
his lands and barony of Balhelvies, Ardendrett, Collistoun, Curtestoun and Drumgowan,
they being parts and pertinents by annexation, of the Thaynedome of Glames in the
Sheriffdom of Forfar. By the decree the Sheriff of Aberdeen and his deputes were
charged "to desist and ceis fra all calling and poynding of the said Lord Glames"
&c., &c.

1607.

Apl. 14. Head Court. 76 barons fined. John Forbes in Auldmill appeared for Alexander

Burnat of Gask and produced Crown Charter of the lands of Cask, Brigend and Cragy-
tocher, dated 5 June 1605, the terms of which are here fully described, claiming
exemption from all suit or presence at Sheriff Courts.

Octr. 6. Head Court. 75 barons fined. A large number of suitors admitted.

1608.

Octr. 4. Head Court. 87 barons fined. The Sheriffs depute presiding were John

Gordoune of Tulligreig and Mr. Richard Irving. Mr. Alexr. Irving appeared as
procurator for John Forbes of Petsligo and produced royal letters charging the Sheriff
and his deputes, in terms of a Decree of 22 January 1601, not to fine Forbes but to free
him from attendance at Head Courts.
1609.

Jany. 10. Head Court. 82 barons fined. Gilbert Thomsone, burgess of Aberdeen,

admitted and sworn in as suitor for James Grant of Invereirnan.

Octr. Head Court. 86 barons fined ^40 Scots each. A number of suitors admitted.

1610.

Apl. 17. Head Court. 81 barons fined. Robert Gareauche, Messenger, admitted suitor

for the Lairds of Essilmont, Arnage and Bahagartie.

Aberdeenshire Sheriff Court:

1610.

Octr. 2. Head Court. 78 barons fined. A number of suitors admitted. Mr. Robert

Paip, Procurator for James Gordone of Lesmoir, produced a ticket subscribed by the
Marquis of Huntly at Stirling on 23 January 1510, discharging Lesmoir and his late
father, Alexander Gordone of Lesmoir of all fines bygone and to come, inflicted for
non-attendance at Head Courts until the ticket should be discharged.

1611.

Jany. 8. Head Court. 82 barons fined. Robert Gariauche1 acted as Sheriff depute at this

Court according to the heading ; but the admission of a suitor for Alexr. Keith of
Balmure for his lands of Logyruiff on the same day is said to have been in presence of
John Gordoune of Tilligreig, one of the usual deputes.

1612.

Jany. 7. Head Court, 67 barons fined. The presiding deputes were now John Gordoune

of Lentusche and Mr. Richard Irving.

Apl. 21. Head Court. 64 barons fined. John Gordoune of Lentusche and Mr. Richard

Irving being on the bench, the former styling himself principal Sheriff depute and
claiming to have power to create Sheriff deputes under him, appointed Mr. Alexr.
Jaffray of Kingiswalls a Sheriff depute in all causes civil and criminal during pleasure.
Mr. Jaffray, being present, accepted office and was sworn in.

Octr. 6. Head Court. 45 barons fined. A number of suitors admitted.

1613.

Octr. 5. Head Court. 76 barons fined. At this Court all three Sheriffs depute, viz. :

John Gordoune of Lentusche, Mr. Richard Irving of Hiltoune and Mr. Alexr. Jaffray
of Kingiswalls were on the bench. A number of suitors admitted.

1615.

Octr. 3. Head Court. It is impossible to summarize the Minutes of this Court. The

entries of suitors and the lairds fined are mixed up together. It would appear that an
election of Commissioners to Parliament and General Conventions should have taken
place, for the Sheriffs depute protest against being held in default for the failure of the
barons. The fine for absence on this occasion and subsequently is stated at ^50 Scots
each. This is the last appearance of John Gordoune of Lentusche for two years.

1616.

Octr. i. Appointment of Sheriff Depute. The Marquis of Huntly held a sitting for the
appointment of James Gordoune of Knokespok as his depute, during pleasure, with
power to create deputes under him.

Head Court. The Marquis along with Knokespok now held the Michaelmas
Head Court, of which the proceedings are given in the Illustrative Examples of this
volume. John Leslie, fiar of Balquhane and Mr. John Cheyne of Arnage were chosen
Commissioners to Parliament and General Conventions.

2. Appointment of Sheriff Deputes. Knokespok sat and created Mr. Richard
Irving and Mr. Alexr. Jaffray deputes under him during pleasure.

I Probably the same individual who is elsewhere called a Messenger.

6

Diet Books: VoL VI., Contents

1617.

Jany. 7. Head Court. John Forbes of Petsligo appeared by Mr. Wm. Barclay and

claimed exemption from suit or presence. The claim was opposed by the Sheriff, for
whom Mr. Robert Paip appeared. The depute (Knokespok) took the matter to
avizandum. The name of Margaret Mackintosche, Petsligo's mother-in-law, occurs in
the entry.

Septr. 30. Head Court. The Marquis of Huntly sat along with Knokespok and Jaffray.

An unusually long list of suitors presented.
1618.
Jany. 13. Head Court. John Gordoune of Lentusche re-appeared on the bench.

1619.

Jany. 12. Head Court. Mr. Wm. Paip sat as a Sheriff depute along with Lentusche. A

claim by Alexr. Keithe to be freed from suit and presence for his lands of Logieruif was
rejected by the Court and he was fined for' absence "in respect he hes nather land nor
residence bot within the Shrefdome of Abd."

Apl. 6. Head Court. John Gordoune designed of Lytill Gowill presided as Sheriff

depute. Keithe of Logyruif again claimed exemption and was again fined, and this
occurred regularly in subsequent Head Courts.

Octr. 5. Head Court. A large number of suitors admitted.

1620.

Octr. 3. Head Court. Gordon and Paip presided. James Gairdine of Blakfurd, one of

the portioners of Auchterless, produced a Charter of Novodamus under the Great Seal
dated 4 July 1617. For the first time the sentence of fine is signed, the signature being
that of Mr. Wm. Andersone the Sheriff clerk.

1621.

May i. Baillie Court— Lease of the office of Sheriff Depute. Mr. David Ruther-
fuird, the Provost, along with Baillies Thomas Forbes, Robert Johnestoun, Gilbert
Cullen and John Mortimer presided. Mr. Anderson, the Sheriff Clerk, produced a
gift and letter of tak of the office of Sheriff depute granted by the Marquis of Huntly to
Mr. Robert Gardyne of Kynnadie, dated at Huntly 26 April 1621, for the space of five
years thereafter. Gardyne accepted office and was sworn in. The rent payable by
him to Lord Huntly is not disclosed.

22. Appointment of Sheriff Depute (Imperfect). The Marquis of Huntly and

James Gordon of Knokespok on the bench. The principal Sheriff continued Knoke-
spok as his depute until Michaelmas next ; but the volume comes to an end in the
middle of the entry.

Illustrative Example taken from Vol. VL of Diet Books
A Michaelmas Head Court

Curia Capitalis Vicecomitatus de Abd. tenta in pretorio euisdem
primo die mensis Octobris anno domini millesimo sexcentesimo
decimo sexto per nobilem et prepotentem dominum Georgium
Marchionem de Huntlie, comitem de Engzie dominum Gordoun
et Badzenocht &ca vicecomitem principalem de Abd. et
Jacobum Gordoune de Knokespak vicecomitem deputatum
dicti vicecomitatus pro tribunali sedente sectis vocatis in curia
legitime inchoata et affirmata

The said day compeirit the barronis & friehaldars undir writin of the
said Shrefdome and presentit the suteors eftir specifeit quha was admitit
be the said Shreffis as suteors for thame to the nixt Michelmes Court :
Viz Alexr Jaffray burges of Abd. suteor for Arthor Lord Forbes Thomas
Dauidsone In Auld Abd. suteor for the Laird of Udnie, Wm Blakhall
maltman suteor for the Laird of Auchterellone Mr George Bisset suteor
for the Laird of Toux and Petfour, Alexr Burnet burges of Abd. suteor
for the Laird of Carveichin & Rattray and for Balmaid : Johne Craufurd
Messinger suteor for the Laird of Brux : the Laird of Balhagartie, the
Laird of Brackey Middiltoune : for the Laird of Lessindrum producit
ane actornay : and for the Laird of Auchtercoull : James Tailzeour suteor
for the Laird of Boquhollie : and for the Laird of Bourtie and Craig,
Alexr Watsone Messinger suteor for the Laird of Udoche Cowpland
presentit ane actornay : and for the Laird of Cultir & Carnie George
Elphingstoune suteor for the Laird of Towie Barclay the Laird of
Petcappill : the Laird of Glenkindie, the Laird of Madler : and he to
produce his halding the nixt heid court, George Wmsone baxter suteor
for the Laird of Schethine & Orchartoune, Gilbert Thomesone suteor for
the Laird of Tilligounie : Wm Blakhall, maltman burges of Abd suteor
for the Laird of Blakhall : Gilbert Skeine suteor for the Laird of Auch-
lewine, Gilbert Guthrie suteor for the Laird Drum, Johne Barcar suteor
for the Laird of Skeine & the Laird of Balnacraig Chalmer ; Dauid Aidie
suteor for the Laird Echt : Thomas Burnet burges of Abd suteor for the
Laird of Lenturk : and for Waster Corss. Patk Leslie suteor for Alexr
Skeine of Colquhorsie : Gilbert Blak cowper burges of Abd suteor for the
Laird of Garnastoune, the Laird of Caskieben and for Mr James Forbes
of Knappernay for his lands of Wodland and Tillimad : Gilbert Guthrie

8

Diet Books: Vol. VL, Illustrative Example

suteor for the Laird of Barrache : Wm Sengzeor suteor for Wm Leslie of
Litill Follay : Thomas Dauidsone suteor for Alexr Spens of Boddum :
Wm Kay for Johne Leslie of Ardoyne & Buchanestoune : Thomas
Mollysone suteor for Barnis Forbes : Thomas Dauidsone suteor for
Barnis Leithe : Thomas Dauidsone suteor for Fynnerseis Wod : Ronald
Chessar suteor for Wm. Setoun of Disblair for his pairt of Logieruif

The said day Gilbert Reid fiar of Litill Drumquhenddill producit
ane euident & charter of Confirmatioune of the saids lands haldin of his
Maiestie quhairanent the Shreff tuik to be adwysit quhill the heid Zuill
court nixt to cum quhilk euident be tuik upe agane

Andrew Gray suteor for the Laird of Petsligo him self absent his
said suteor protestit he suld be frie In respect the said Laird of Petsligo
as he allegit had ane blenshe halding of his saids landis quhilk he was
ordanit to produce at the nixt Michelmes

The laird of Iden present allegit he had ane blenshe halding of his
lands quhilk he was ordanit to produce the nixt court

The said day the Laird of Leslie and Edingairak was ordanit to
produce his euidents of the saids landis the nixt court quhow the same
is haldin

The said day the Laird of Wardess was ordanit to produce the
haldin and Infeftment of his lands the nixt Court

It is ordanit In all tyme cuming that na member of Court be ane
suteor ; and that na man compeir as suteor bot for thrie barronis at the
maist : and that they be sufficient qualifeit personis abill to pas upone
ane assiss

The said day Wm Duguid of Auchinhuiff presentit Williame Barnet
his suteor

Compeirit Johne Craufurd, Messinger as suteor for Gordoune

of Halheid quha was admitit quhill the nixt Michelmes Court : and for
the Laird of Johnesleyeis sic lyke

The said day comperit Johne Leithe of Harthill and George Leithe
portionar of Bairnis and producit Judiciallie In presens of the said nobill
Lord ane discharge grantit to thame be his Lo/ of thair unlawis be
reasoune of thair absens In thair awin personis & of thair suteors frome
the heid courts of the said Shrefdome of all yeirs preceiding the dait of
the said discharge and forder In tyme cuming Induring his Lo/ will and
plessour quhilk discharge subscryuit with his Lo/ hand of the dait at
Tillichodie the threteine day of August the yeir of God Im sex hundrethe
and ane yeirs : The said Johne Leithe delywerit In his Lo/ awin hand :

Aberdeenshire Sheriff Court:

and acknawlegit be his Lo/' to be of veritie : and discharged the saids
Johne and George Leithes of thair saids unlawis for thair absens as said
is fra all courts preceiding this present court and of all lettirs & chargis
raisit or to be raisit thairupone : And declarit his Lo/ will was that they
be thame selffis and thair suteors suld keipe the saids heid courts in all
tyme cuming sa far as they ar astrictit to do : quhairupone the saids
Johne and George Leithes tuik and askit act of Court and Instrument

Absentis

Are-pus St Andree D.p.et.s.

Ab. Aberbrothok D.p.ets.

Ab. of Kinloss D.p.et.s.

Pryor of Monymusk D.p.ets.

Minister of Trinitie freirs D.p.et.s.

Rector de Kincardine D.p.et.s.

Co/ Errolli D.p.et.s.

Co/ Mariscalli D.p.

Co/ Buchanei D.p.et.s.

D. Elphingstoun D.p.

D. Glames D.p.ets.

D. Sinclair D.p. James Findlay producit ane Ac-

tornay for Dame Elizabethe Forbes Ladie Sinclair and George
Hamiltoune of Blakburne

D de Phillorthe D.p.et.s.

D de Maynie D.p.ets.
D de Fouereine Andrew Gray his sutior present quhilk he is onlie

obleist to do

D de Streichine D.p.

D de Delgatie D.p.ets.

D de Drumbrek D.p.et.s.
D de Essilmont et Abirdour D.p.ets.

D de Comalegie D.p.ets.

D de Fortrie D.p. Jon Lyndsey his seruitor his

suteor present

Compeirit James Mowat and producit ane Actornay for Alexr
Keithe of Balmure for his pairt of his lands of Logiruif and Mostoune :
quha was admitit suteor for him to the nixt Michelmes Court, him self
absent & the rest of the portionars of the saids lands present

D de Haddo et Meithlik D.p.et.s.

Constabill of Abd D.p.et.s.

D de Petfoddells D.p. Johne Menzes his suteor present

D de Muchell et Staniewod D.p.et.s.

10

Diet Books: VoL VI., Illustrative Example

D de Beltie Frassr D.p.et.s.

D de Tillihaikie D.p.et.s.

D deLumphannandetCraigour D.p.et.s.
D de Perk of Cremond D.p.et.s.

D de Fischerie D.p. Thomas Cuming In Auld Abd

compeirit suteor for him

The said day the haill barrownis and friehaldars aboue wreittin
absent fra this court being the heid court ar amerciat & decernit to pey
for the absens of ilk ane of thame selffis and for thair suteors respective
the sowme of fiftie pounds Scottis money being thrie seuerall tymes
callit at the tolbuithe winddow & nocht compeirand lauchfull tyme of
day being biddin quhilk was gifin for dome be the mouthe of Patk Leslie
dempster

The said day Mr George Bisset mair of fie of the said Shrefdome
presentit Johne Gordoune in Strathbogie to be deput to him quhome the
said Shreffis admitit as mair deput ay and quhill he was dischargit
lauchfullie quha acceptit the said office In and upone him & gaiwe his
aithe de fideli administratione quhairupone he tuik act of Court and
Instrument

The said day the barrownis and friehaldars under writin being
convenit within the tolbuithe of Abd at this court as the heid Michelmes
Court according to the ordinance of the Act of Parliament maid anent
the electing of comissionars of small barrownis and friehaldars to haif
woit In Parliament viz.

Alexr Irving of Drum Magnus Mowat of Boquhollie

Jon Urquhart of Craigfintray Johne Leslie of Wardess
Alex Gordoune of Cluny Mr Jon Cheyne of Arnage

Wm Forbes of Tolquhone Johne Forbes of Brux

Jon Setoune of Meldrum Johne Leslie of Petcappill

George Jonstoune of that Ilk James Gordoune of Knokaspak
Pa Gordoune of Kincraigie Alexr Cuming of Cultir

Jon Erskine of Balhagartie Mr George Setoune of Barra

Alexr Skeine of that Ilk Jon Forbes of Gask

Jon Gordoune of Craigie John Gordoune of Awachie

Thomas Meldrum of Iden

Rot Cowtis of Auchtercoull

Quha electit and chuisit Johne Leslie fiar of Balquhane and the said Mr
Johne Cheyne of Arnage thair comissionars coniunctlie for keiping of
Parliamentis and uthers his Maiesties generall conventionis that suld
happin to be befor the nixt Michelmes Court

n

The Diet Books: Vol. VIL, J6034

No one of the whole series is more unmistakeably the actual original
Diet Book of Court, for the time, written by the Clerk in Court, than
this. It contains every kind of business civil and criminal, but it has
been so hastily penned that few of the books are more difficult to read.
A few leaves are evidently wanting at the beginning. If they had not, it
would doubtless have been found that the first entry would have been
that of the Yule Court on I ith January, 1603. As it is, the earliest date
is i6th February. The latest entry is a mutilated record of the Michael-
mas Head Court held on 2nd October, 1604. The fashion of the entries
on ordinary Court days is on the same principle as at present, except
that the roll is not, as now, classified under headings. Fach case is
separately entered in the body of the page, with a short mention of the
purpose of its being on the roll, and the order of Court is then briefly
stated on the margin against it. Both the entries in the roll and the
marginal notes are so abbreviated as to be very difficult to make out.
Interposed between the entries of regular proceedings in civil cases in
Court are Acts of Caution, — some of them signed — Criminal trials,
Services, Transumpts, Head Courts, and what is a special feature of this
particular book, Courts of Justiciary for the trial of several cases of what
we would now call salmon poaching.

Most of the proceedings recorded here are, for the period to 23
June, 1603, transferred in more full and accurate form into the Volume
next noticed ; but some are not, and the prosecutions at that period for
fishing salmon in the Dee and Don in close time already referred to,
would have been lost, apart from the existence of this very rough record
of them.

There are some half-dozen of such cases, the bench consisting of
John Gordon of Bogs the Sheriff depute, Provost Alexander Rutherford
of -Rubislaw, and one or more of the Baillies of Aberdeen sitting as
Justiciars specially constituted in terms of Act of Parliament. The
accused were tried by juries whose numbers apparently varied from 13 to
25. In some of the cases the numbers charged with the slaughter or

12

Diet Books: Vol. VH, 16034

receipt of black fish in forbidden time is so great as to suggest that the
whole male inhabitants of a district were engaged in it.

Some surprise and disappointment was caused to the writer by the
discovery that very few examples of criminal trials were to be found in
these records. In some of the books, especially those which are found
soon after this date containing judicial enactments, there are numerous
Acts of Caution to enter accused persons for trial ; but of trials in the
1 6th and I7th centuries almost none are found except in this volume and
one or two others.

Fortunately we have here several examples of these and of the
various punishments which were inflicted — decapitation, hanging, drown-
ing, scourging and banishment from the county. In no case has a
smaller number than 15 been found on a jury, but in one case 23. On
one occasion only 13 jurors attended, and the case was adjourned. In
the one reported case of decapitation the crime was really murder —
though entitled manslaughter of fore thought — which was one of the
pleas of the Crown and could only be tried by the Sheriff when the
culprit was taken and brought before him red-handed. These conditions
were satisfied on this occasion, inasmuch as the crime was committed in
the Gallowgate on Sunday, 28 July, 1604, and the trial took place
on the following day. The perpetrator, whom the Sheriff depute
" ordanit to have his heid tane aff," was Robert Guild, " son naturall to
umqll Wa Guild armorar," and therefore in all probability a near kinsman
of the well known Dr. William Guild, principal of Marischal College, of
Jameson the Artist, and of the Gregories.1

It may be further noted that this is the earliest book in which any
record of the sittings of the Sheriffs Fiars Court are found.

I According to the Jameson Pedigree in Mr. John Bulloch's Biography, William Guild
(probably the person here mentioned) the son of Matthew, and the elder brother of the Principal,
met a violent death in 1584.

13

Table of Contents of Vol. VIL of Diet Books

1603.

Febry. 22. Sheepstealing, &c. John Kid, indweller in Auld Abd. and John Litiljohne at

Justice Mills, were charged with Sheepstealing, &c. There were eight charges against
Kid and five against Littlejohn besides the charge of being "commone theiffis and
briganes" which applied to both. Being found guilty of most of the charges the
sentence is thus entered : — "The Shreff ordanit the saids persones to be drownit foir
thair demereits." The jury numbered 23, all living near the places where the different
acts were said to have been committed, and the verdict was signed by Henry Mowtray
in Perwinnes, the Chancellor.

23. Housebreaking. Isobell Robertsone, natural daughter of Henry Robertsone,

confessed that she and one Meatie Boige had been put in at house windows to steal.

March 2. Removing. Mr. Alexander Setoune v. John Mowat at the Mill of Kindrocht.

Mr. Setoune borrowed up his Sasine and signed receipt in the Diet Book.

5. Housebreaking. The son of John Porteous, dwelling at the Abbey of Deir, and

Janet Gumming, his wife, were charged with housebreaking, &c. The record bears that
the accused were charged on dittay given up by George Frenche in Cuithill, a private
prosecutor. In this case there were 15 of a jury, obviously selected from the immediate
neighbourhood of the alleged crimes, the Chancellor (who signs) being John Dalgard-
nocht in Deir. There was a conviction on three points of dittay and of the charge of
habit and repute, and the sentence against the accused and their family was banishment
from the Sheriffdom, under pain of hanging of the man if he came back, which he was
made to swear solemnly he would never do.

8. Assault— Blood-drawing. Walter Woid of Fetircarne, for whose appearance
this day Mr. Duncan Forbes of Bannagask had become surety, was charged with the
hurting, wounding and blood-drawing of Wm. Gray, his servant. As neither the accused
nor his cautioner appeared "my Lord Shreff deput " ordained the latter to be fined
according to the Act of Parliament.

9. Theft — Failure to Prosecute. Wm. Wat in Glenkyndie, for whose appearance
this day Wm. Straquhan of Glenkyndie had become surety, had been charged with
stealing a doublet from a servant of Mr. John Cheyne of Petfichie. In addition to the
absence of a prosecutor, it was avowed by one Patrick Gordon at the Kirk of Cluny, who
was in Court, that he had taken the doublet and that it was his own at the time he took
it. Case continued until new citation.

April 15. Assault — Act of Caution. Adam Joffray in Corteyis. Mr. Wm. Reid [a
procurator of court] became bound to enter Joffray for trial on a charge of " striking
and dinging of John Symsone messinger " and also that his arrested geir should be
forthcoming.

Diet Books: Vol. VH, Contents

1603.

April 15. Mill Multures. John Leyth apparent of Harthill v. the late Duncan Lesly of

Petcaple, Geo. Lesly of Auldcraig, Win. Lesly of Tocher, James Stewart of Rothmaisi
James Arbuthnot and their colleagues. The Pursuer granted and signed a receipt in
the Diet Book to the effect that he had "resauit furthe of proces his haill writtis con-
tenit within tua [?] Traistis producit be him and his procuratours."

1 6. Assault — Blood-drawing. Paul Ray in Belhelvie v. Andrew Sangster in

Bannakettill were charged with Assault, &c. Both accuser and accused gave the oath
of calumny that their cause was just and the case was continued for trial, Wm. Forbes
of Tolquhon being cautioner for Sangster's appearance under a penalty of .£40. On
25 May accused appeared but no accuser, the case having been settled.

May 4. Assault— Blood-drawing. The Procurator Fiscal, Leslie of that ilk and others

v. Bartholl Leslie and others. James Hervie, son of Andrew Hervie of Elrik, who had
become cautioner to enter the accused for trial, did not appear, and was fined, with the
saving clause that if he entered them on 31 July he would be free. On the margin
opposite this entry there is written " Penultimo July 1603 The Shreff finds this act
satisfeit and absoluis the cautioner from the unlaw for nocht entering of the party. J.
Gordone Shref deput of Abirden." ( Vide pp. 35, 45 infra.)

June 30. Invading Dwelling-house. The Procurator Fiscal (Mr. Wm. Barclay), Andrew

Leslie in Balhaggartie and John Erskine his servant v. Thomas Smithe Merchand,
Ardlathin, for whose appearance George Hay of Ardlathin was cautioner. The accused
was charged with the armed invasion of a dwelling house under cover of night
and with wearing fire-arms, shooting at and wounding a man. The Fiscal
departed pro loco et temporc from the charges other than that of "beiring, wering and
useing of pistollis," with regard to which Andrew Leslie appeared as informer and took
the oath of calumny. A jury, all drawn from the immediate neighbourhood, was
impannelled, but the trial was not proceeded with and the jury were continued.
Thereafter Thomas Smith, the accused, offered to submit to the decision of Mr. Richard
Irving of Hiltoun, the Sheriff depute, whose decision should be final as to the amount
which he should pay to John Erskine, whom he had wounded. Mr. Irvine accepted
the reference, his decision to be given before 14 July, and accused found caution for 500
merks to appear on that day. On that day letters of advocation were produced, and
on 23 July Patrick Forbes, burgess, was cautioner in 500 merks for Smith's appearance
should the case be remitted back to the Sheriff Court.

July 6. Judicial Confession. Patrick Dunbar sometime of Sanchar appeared, and on the

plea that he wished to disburden his conscience, stated that some ten years before he
had, at the request of Sir George Ogilvy of Dunlugus, signed and delivered to the latter
in Sir George's house at Banff eight "blankis," which were designed to be filled up for
the benefit of Patrick's son Walter. Dreading that these might have been used to the
prejudice of rights granted by him and his late wife, Elspet Ogilvy to the late Mr.
Thomas Mengzeis, of the third part of Durne and third part of Bogmochillis, or to
securities made by him to the late James Dunbar of Tarbet, he made this declaration
and confession. Thomas Mengzeis of Durne was present in Court, and Dunbar and
John Gordone of Boggis, the Sheriff depute, both signed the entry.

Aberdeenshire Sheriff Court:

1603.

July 7. Carrying and Using Fire-arms. Thomas Gilpatrik, for whom Thomas Adam-

sone had been cautioner, were charged with carrying and using fire-arms. Gilpatrik
appeared and Adamsone was declared free of his cautionery. The accused was then
bound, under pain of ^ICXXD, to appear and take his trial upon six days' notice if within
the realm when cited.

23. Theft. James Nicoll, charged with theft, was banished from the Sheriffdom and

to be hanged without trial if he returned.

28. Nature of Action not disclosed. John Erskyne, fiar of Balhaggartie v. Walter

Mernis in Innerramsay. Defender offered defences, but on Pursuer's Procurator pro-
ducing a horning against him decree was pronounced.

Augt. 6. Nature of Action not disclosed. The Earl Merschell and Alexr. Keyth v. Andrew

and Alexr. Fettes. After a dispensation for proceeding in time of harvest had been
produced, commission was granted to the Sheriff Clerk and his depute to act as Sheriff
depute and Sheriff Clerk to take the oaths of the Pursuers at Fetteresso.

Tutory. By gift under the Quarter Seal dated 28 July John Andersone in Dennis
had been appointed Tutor Dative to John, Jellis and Margaret Jamesone, lawful children
of James Jamesone at the Mill of Bruxie. He now took the oath and found Wm. Jack,
Notary Public in Deir, as cautioner for him.

10. Cognition. John Gordone of Tillaquhowdie v. Robert Carnegy of Waster

Kincardin. The Pursuer produced his Sasine of Tillaquhowdie and Outseat of croft
called Tillibrein in the Barony of Aboyne, dated 23 Novr. 1 60 1 and duly registered.
Notary Alexr. Middletoun. On an objection that it was vacation, the Pursuer produced
a dispensation, whereupon defences were ordered to be lodged next day. On the case
being then called the Defender, now designed of Kirktoune of Aboyne, produced
Letters of Advocation.

20. Lawborrows. Patrick Irving v. John Ross of Auchlossin, Robert his son, and

Patrick Ross, son of Nicoll Ross, Yr. of Auchlossin. NicoH Ross became cautioner
that complainer should be kept harmless.

26. Lawborrows. The Rosses as above and others v. Patrick Irving. John Irving

of Artamfurd was cautioner for Patrick Irving.

Septr. 3. Lawborrows. Patrick Irving v. Peter Irving in Carnbady, Andrew Farquhar

there, Wm. Downie in Hiltoun, and a number of others (names and designations
almost illegible). Nicol Ross was cautioner here.

Octr. 4. Charge of Murder. Gilbert Sym, at the Mill of Fouern, was under accusation

of murdering Wm. Elmsly, son of the late James Elmsly in Mynnes. He now produced
his alleged victim in Court, who being identified on oath by his own mother, Sym was
declared innocent.

5. Removing. Wm. Keyth of Pettindrum v. Alexr. Forbes of Gellan and others.

This day had been assigned for the defenders to find caution. Decree passed in respect
of their failure to do so.

16

Diet Books: Vol. VII., Contents

1603.

Novr. 8. Decree for Rent. John Gordoun of Carneburrow v. John, George, and Thomas

Conan in Ballantimoir in Glenbucheat. John Conan confessed that he was due for a
quarter lands of Ballantimoir crops 1600-1-2, 310 merks. George for another quarter
admitted 445 merks for crops 1599-1600-1-2, while Thomas admitted for half a quarter
210 merks for crops 1600-1-2.

Decree for Price of Grain. John Gordoun of Carneburrow as assignee of
Thomas Gordoun of Arclache z>. John, George, and Thomas Conan in Ballantimoir.
Each defender admitted being due 80 merks for corns bought and received from Thomas
Gordoun.

9. Action of Cognition. Wm. Forbes of Monymusk v. Wm. P'orbes of Corsindey.

The Pursuer produced (i) Sasine of the Barony of Monymusk and burgh thereof, dated
7 March 1588 ; Notary Mr. Robert Youngson. (2) Sasine of the lands of Inver,
Ardneidlie, Petmovny and Over mill of Monymusk, dated 8 March, 1590 ; Notary
James Murray. And (3) Sasine of Abirsnuthak, Tombeg, Dillab and Tillaquhorie,
dated 14 June 1589 ; Notary Mr. James Forbes. On his behalf a motion was made to
remit to a jury. The Defender on the other hand asked the Sheriff to assign him a
diet for lodging defences. To this the Pursuer objected and produced a horning at the
Pursuer's instance against the Defender duly registered and executed. The Sheriff
having ordered the horning to be there and then seen by the Defender, objections were
taken and answered. In the end the Sheriff admitted the libel to the knowledge
of an assize.

Deer. 14. Judicial Ratification. Isobell Rossy, wife of Patrick Butter of Elrick, ratified a
Contract made in 1602 between her husband and George Gordoun, fiar of Gicht, and
Disposition of the lands called the Ward of Kinmundy in the parish of St. Machar and
Sasine following thereon.

20. Judicial Ratification. Agnes Straquhan, wife of John Gordoune of Brekay,

ratified a conveyance of the lands of Brekay and Glassache in Logiedurno and Inverurie
in favor of James Gordoune younger of Brekay and Sara Leslie, his intended wife, in
conjunct fee and liferent, in terms of their marriage contract.
1604.

Jany 10. Assault— Blood-drawing. Allister Tailzeor in Lynardoche v. Allister Tallzeor

in Coull. The accused having sworn that he could not find caution to appear was
simply bound down to appear on Candlemas Even. When the case was called on
Febry. I the Pursuer of the blood produced two witnesses, who were both repelled and
accused bound over to appear on 22 Febry. , under pain of £40. The assault was said
to have been committed "with ane durk upone the left paipe in the moneth of Julii
last."

Lawborrows. Jas. Chessor v, Alexr. Tailzeor. Cautioner James Hall.

12. Curatory. Wm. Chalmer, son and heir of the late Mr. Wm. Chalmer, portioner

of Disblair. The next of kin called were John Chalmer of Balbithane, George Chalmer,
fiar of Balbithane, Charles Chalmer of Tillikirie, Henry Chalmer of Buchanstoun and
John Lesly of Petcapill. The minor chose John Chalmer, elder of Balbithane, for
whom Alexr. Gordoun, elder of Lesmoir, became cautioner.

C I7

Aberdeenshire Sheriff Court:

1604.

Febry. 23. Killing Salmon in Forbidden Time. This is the first of a number of prosecu-

tions noted in this volume. The Courts were held by jusliciars appointed for the
purpose, of whom a Sheriff depute was always one and first named. In this instance
Provost Alexander Rutherford of Rubislaw and Baillie Wm. Lowsone were the others.
A large number of persons in Kincardine o'Neil, Birse, and therabouts were accused.
All the accused who appeared were acquitted. By far the greater number did not
appear and were decerned fugitive, and ordained to be put to the horn. At the head
of the latter list was John Burnat of Sluye.

24. Killing Salmon in Forbidden Time. The accused in this case were fewer and

chiefly from near Aboyne, among them being John Gordoune of Tillaquhoudy and
Robert Carnegy of Kirktoun. Wm. Troup of Balnacrag pleaded guilty, and had to
find caution to pay his unlaw and also for his tenants and servants behaviour under
penalty of ^100. Those who did not appear to be put to the horn.

Killing Salmon in Forbidden Time. Andrew Davidson in Belvad appeared
separately, pleaded guilty, and was fined, for payment of which and his future good
behaviour Robert Steuart, burgess of Abd. was cautioner under penalty of £40.

March 10. Killing Salmon in Forbidden Time. In this case about 100 persons were cited
from Nether Dee and Feugh sides. Some were acquitted, some convicted, and those
who did not appear declared fugitives and denounced to the horn. Among those
convicted were John Burnat of Sluie and four other Burnats. There were also three
Straquhans. The jury numbered 25, of whom part were from Aberdeen and the others
from Deeside. Among the latter were John Irving of Kincowsy (Chancellor), John
Collistoun of Auchloonies, John Irving of Sunnyside, Robert Hog of Gellane, Alexander
Davidsoune of Brigend. For a good many of those convicted caution was found, and
among the cautioners were several of the jury. For Burnat of Sluie and Alexr. Burnat
younger of Kinneskie, Alexr. Joffray, burgess, was cautioner. Four Baillies were on
the bench in addition to the Sheriff depute and Provost, viz. : David Menzeis, David
Rutherford, Thomas P'orbes and William Lowsone.

13. Killing Salmon in Forbidden Time. A number of persons on Upper Deeside,
Glenmuick and Glengairn were accused on this occasion, but some pages were left blank
to complete entry and never written up.

14. Lawborrows. John Smith in Maryculter v. David Kempt Baxter, burgess of
Abd. Cautioner Mr. Andrew Clerk.

17. Special Service. {Inq. Spec. Abd. No. 93.) George Meldrum, elder of Ardfork,

as heir of entail to George Meldrum, younger of Ardfork, his son. Shadow half lands
of Ardfork in Bethelny. Held of George Meldrum, elder, in feu farm. In non-entry
since death of predecessor in Septr. 1603.

19. Fiars Court. The earliest found. The jury are here called "famous witnesses."

18

Diet Books: Vol. VIL, Contents

1604.

March 21. Assault— Blood-drawing. John Watsone, Lax fisher in Auld Abd. v. Adam

Banerlay in Auld Abd., Agnes Chalmer his wife, and Alexr. and Patrick Barnat there.
(et e contra). Bauerlay produced an act of the Court of Auld Abd. proving that he had
been convicted of the offence by the Baillies there ; but the Sheriff depute ignored it,
and convicted Bauerlay and the Barnats and fined them ^'10 and each to pay 5 merks
to Watsone. The mutual complaints of Watsone and the woman were continued for
new citation.

May 5. Assault— Loss of Life. The Fiscal and Wm. Toshie in Collestoune v. John

Duncane in Fingask. Duncan was charged with " the ere wall and unmercifull dinging
striking and blude drawing of the said umquhill Margaret (Margaret Toshie the
daughter of the private prosecutor) in diuers pairts of hir body and casting of hir perforce
ouer ane kill be occasione of the quhilk scho is departit this present lyiff" in Novr.
1603. The jury, all from the Oldmeldrum neighbourhood, acquitted the accused.

Forestalling. John Lesly, Skynner in Kyntor, for whom Wm. Forbes in
Auchquhorsk was surety that he should appear and take his trial on 10 May under
penalty of £100. On 10 May Wm. Forbes and Mr. Wm. Reid became cautioners for
300 merks that Lesly should appear on 12 May, which he did, and was discharged in
the absence of a prosecutor.

Troubling a Court. Alexr. Lesly in Auld Rayne and James Elphynstoun in
Auld Craig, for whose entry Andrew Lesly in Balhaggartie and Mr. Robert Elphyns-
toun, Tutor of Glak were respectively cautioners. The accused were charged with " the
allegit troubling of ane court be stricking of utheris, drawing of wappownis and con-
vocating of parteis in tyme of the execution of James Muresoun quha was execute for
thift upon the xiiij day of Apryll last." The accused appeared and the cautioners were
freed. On the case being continued to 10 May, John Leyth of Edingarrah became
cautioner for Lesly, and the Tutor of Glak for Elphynstoun, each under pain of 50x5
merks. For the relief of Edingarrah John Leyth in Newtoun was cautioner, while the
laird of Harthill bound himself to relieve the Tutor. On IO May the accused appeared
and the cautioners were freed, and nothing more is entered about the case.

16. Deforcement. Mr. Wm. Barclay, Procurator Fiscal, and George Barclay, Mair

depute v. John Forbes of Tillikerrie. Mr. James Irving, Minister at Touche, and
Robert Farquhar at Touche were admitted and sworn as witnesses ; but several
witnesses put forward were objected to as tenants to the laird of Balhaggartie, who was
said to have some interest. The Sheriff took the matter to avizandum until 30 May,
but no further entry found.

23. Assault— Blood-drawing and Mutilation. Thomas Pirie at the Mill of Arnage
v. John and David Cormaks at the Cobill of Kynnarachie. Case continued until 23
June, but no further entry has been found.

Assault— Blood-drawing. Girsall Mure v. George Beanis in Petgirscho and
Isobell Udnie, his wife. The accused were assoilzied by virtue of their oaths.

Assault — Blood-drawing. Girsall Mure v. James, George, John and Isobell
Udnie in Petgirscho. The accused did not appear and were fined.

19

Aberdeenshire Sheriff Court:

1604.

May 23. Manslaughter. Gilbert Forbes in Carnehill was accused, for whose entry Mr.

Wm. Reid became cautioner under penalty of

26. Theft and Reset of Theft. George Pratt in Annoquhy, for whom Arthur
Johnstoun in Carnebrogie was cautioner. The charge was for certain capital crimes of
theft and reset of theft. As neither appeared, the cautioner was fined ^100 and the
accused put to the horn and all his moveable goods escheat.

June 4. Decree of Transumpt. John Setoun of Auchquhortie v. Geo. Meldrum some-

time of Fyvie, son and heir of the late Wm. Meldrum of Fyvie, and Andrew Meldrum
of Tullicarne, son of the late Patrick Meldrum of Auchquhortie and all others having
interest. The following series of Deeds embracing Auchquhortie, Tullycayrne and old
Mill of Tullyelt in the Barony of Tarves and Regality of Abirbrothok, viz. : (i) Charter
granted by George, Lord Gordone, heritable feuar of the Barony of Tarves, in favor of
Wm. Meldrum of Fyvie, son and heir of Sir George Meldrum of Fyvie and his heirs
male, lairds of Fyvie, dated at Aberdeen 27 May 1559 before witnesses John, Earl of
Sutherland, John Lesly of Balquhane, Sir George Gordone of Shewes, James Gordone
of Methlik, John Gordone of Carneburrow, Mr. John Lesly, Rector de Minibus, Mr.
John Watsone, Rector of Clatt, Mr. John Kennedy, Notary, and Sir Wm. Meldrum,
Chaplain. (2) Instrument of Sasine under the hand of James Currour, Notary, dated
9 June 1559, proceeding upon precept signed at Huntly on 30 May 1559 before wit-
nesses James Gordone of Haddoch, James Gordone of Petryche, James Gordone in
Eister Migvie and others. (3) Precept of Clare Constat by George, Earl of Huntly in
favor of George Meldrum of Fyvie as son and heir of Wm. Meldrum of Fyvie, dated at
Huntly i June 1593 before witnesses Andrew Meldrum of Fyvie, Mr. Robert Lesly of
Auldcraig, Wm. Meldrum of Badinscot and Mr. Robert Paip, burgess of Aberdeen.
(4) Charter of confirmation, George, Marquis of Huntly to Andrew Meldrum of Tulli-
carne & Violet Cheyne, his wife, and the longest liver in conjunct fee and liferent and
their heirs male, dated "apud vicum canonicorum prope Edinburgum " 5 April 1604
before witnesses Sir Thomas Gordone of Cluny, Wm. Gordone of Geicht, John Gordone
of Carneburro, James Gordone of Knokespak and John Chalmer in Drumbulg with
divers others. These all signed, the laird of Cluny signing his territorial designation
only, " Cluny."

9. Theft and Habit & Repute. James Thomsone, son of Thomsone in Kildrym-

mie, was sentenced to be drowned.

13. Manslaughter. Thomas Watsone in Murcour, for whose entry Thomas Cuming,

burgess, was surety. Mr. Wm. Reid, substitute to Mr. Wm. Barclay, Procurator Fiscal,
prosecuted. The person alleged to have been killed was Alexr. Henrie in Murcour.
A jury was impannelled, but as there were only 14 the case was put off for three days,
when the accused was acquitted. Almost every one of the jurors were from the
immediate neighbourhood, and Thomas Cuming, the cautioner for accused, was one of
them. The crime was said to have been committed 12 years before.

Appointment of Mair Depute. John Chalmer in Auld Abd. was admitted and
sworn.

20

Diet Books: Vol. VIL, Contents

1604.

June 22. Removing. Wm. Allane, burgess of Abd. v. Andrew Hervy of Elrik, Janet

Erskyne his spouse and James Hervy their son, and also John Hendersone, Wobster
and others. The Pursuer claimed to be heritable proprietor of Karnefeidill (? Cairn-
field or Cairnfold) and manor place thereof, occupied by the Hervys, and of Denistoun,
Corthybuk and others in the parish of St. Machar in virtue of a Sasine dated 6 Octr.
1602 under the hand of Mr. Wm. Chalmer, notary public. For John Leang and
Margaret Thornetoun his wife, who desired to be admitted to defend, a Sasine of 24
oxgait of Denstoun was produced, dated 22 March 1602, also under the hand of Mr.
Wm. Chalmer. Defences were ordered on the following day. Decree was pronounced
on I August.

23. Manslaughter. James Innes of Ardgrayne, for whom Patrick Cruikshank in

[?] Ardufrie was cautioner. The charge against Innes was the slaughter of Alexr. Pettin-
dreich, his servant, and the cautioner was bound under pain of 500 merks to enter him
on 3 July, and also to make his moveable effects forthcoming. On 3 July the case was
continued to 30 July, under the same penalty, Robert Cruikshank in North seat of
Oykhorne becoming cautioner. On 30 July no one appeared to prosecute and the case
dropped.

Manslaughter. Gilbert Forbes in Wateritchemure, for whom Mr. Wm. Reid
was cautioner that he should take his trial on 31 July, for the slaughter of Katherine
Wawan under penalty of ,£100.

Violent Profits. Thomas Atholl in Futie v. Wm. Walls in Futie, for whom Wm..
Cruickshank in Cottoun was cautioner. Caution of 30x3 merks renewed until " Lambes
ewin."

Appointment of Mair Depute. Mr. George Bissat, Mair of Fee, presented Wm.
Downy in Hiltoun as Mair deput during pleasure, and the Sheriff admitted him, Bissat
taking caution of Downy.

Mutilation and Dismembration. Wm. Cultis in Overclune. For not appear-
ing to underly the law for this offence, committed on Wm. Cormak in Braidmuyr of
Boynds, the Sheriff ordained Cultis to be denounced to the horn.

Lawborrows. Wm. Ross, servitor to the Laird of Drum v. Walter Warrander
in Querrilhill. In respect of Warrander's failure to appear and find caution, he was
fined 300 merks.

July 5. Molestation and Cognition. Wm. Forbes of Poflug v. Wm. Forbes of Corsin-

day. The Pursuer produced Sasine of the lands of Poflug, dated 28 May 1579. Notary
Mr. Tames Forbes. He desired that the matter should be remitted to the trial of an
inquest, which was eventually done in spite of objections by the defender to the effect
(i) that the judges were not competent in respect of the exemption of the family and
name of Forbes, and (2) that Parliament was sitting and therefore no process could go
on. To the former it was answered that the defender had already barred himself by
his pleading from declining the jurisdiction, and to the latter that the quality of the
Pursuer and Defender was not such as to subject them to give presence in Parliament.

Aberdeenshire Sheriff Court:

1604.

July 7. Killing Salmon in Forbidden Time. A large number of accused chiefly from

the district watered by the Don and its affluents were charged. A jury of 18, mainly
from the Donside or Ury district, absolved all the accused who appeared, except one.
The accused who did not appear were denounced to the horn. The Sheriff depute was
Mr. Richard Irving and the other members of Court were Provost Rutherford and
Baillies David Rutherford, Thomas Forbes and Wm. Lowsone.

1,8. Killing Salmon in Forbidden Time. Accused from Donside ranging from Goval

and Pitmedden to Kemnay. A jury of 17 "clengit" all the persons put upon panell.
Those who did not appear were fined.

19. Removing. The Marquis of Huntly v. Robert Carnegy of Wester Kyncarden,
George Cromar, George Duncane and John Brabner in P'ormastoun, his cottars and
grasmen. For the defence there was produced a lease for the current year and various
witnesses. Robert Cultis of Auchtercoull became cautioner for violent profits. The
principal defender gave his oath that the lease had been granted to himself and not to
his father, and the case was continued to 25 July, but there is no record of it on that
day.

20. Killing Salmon in Forbidden Time. The accused were chiefly from Upper
Donside. A jury of 13 absolved all the accused who appeared, except one Ingram
Chalmer in Drumallan, who "grantit his offence and pat him in the Justice will." A
great number did not appear.

30. Murder. Robert Guild, son natural of the late Wm. Guild, armourer in Old
Abd. The record bears that Alexr. Blair, Tailor burgess of Abd., accused Guild " for
the crewall and unmercifull slauchter of umquhill Wm. Blair tailzeor brothir to the said
Alexr. commitit be him upone the Kings gait callit the Braidgait of the Gallowgait of
the said burght with ane byknaiff of set purpois previsioun and forethoucht fellony upon
Sounday the xxix of July instant." The accused pleaded guilty, but was remitted to a
jury, who convicted him. The sentence was " Thairfor the Sref deput forsaid ordanit
the said Roberts heid to be tane aff, and his richt hand quhilk comitit the fact, and
byknaiff put thairthrow and set one the tolbuith in example of uthers to commit the lyk
in tyme aiming."

31. Lawborrows. Patrick Douertie in Foulholl v. Andrew Reid there, et e contra.
Each swore that he dreaded bodily harm of the other, and each was bound down to
keep the peace under the penalty of £40. Andrew Reid of Collestoun was cautioner
for his namesake.

Removing. James Forbes of Fechill v. Margt. Cruickshank, widow of Wm.
Bruce in Chappeltoun of Essilmont, Edward Bruce, his son, and George Bannerman of
Wattertoun, his tutor, and others. Parts of Fechil. Defences lodged for these Defen-
ders and a continuation to 3 Octr. for answers. Others not appearing were ordained to
remove.

Diet Books: Vol. VIL, Contents

1604.

July 31. Removing. James, Earl of Atholl v. Francis, Earl of Erroll, Thomas Barnat in

Lathers, James Gardyn in Drachlamiln, Alexr. Mernis in Racloche, Robert Walker in
Glaslaw, Andrew Mernis there, Robert Stewart and Patrick Stewart his sons in
Durlathers and others. The Pursuer stated himself to be proprietor of the two part and
three part Lands and Barony of Latheris, Durlatheris, Glaslaw, Racloche and Wodheid,
and specially the lands of Barricorne & Darricorne, Drauchlands & Mill of Rothybirs-
ben. Decree was pronounced against Lord Erroll and Barnat to remove from Mains of
Lathers, while the case was continued to the second day of the head Michaelmas Court.
A large number of i6th century writs were produced on behalf of the other Defenders,
the entry being of considerable length.

Violent Profits. Walter Maitland, lawful son of the late James Maitland of
Monlatie v. John Wilkeyn, Isobell Auchinlek and John Arthour, all in Tartie. These
defenders had, in June 1603, got their holdings from Patrick Cheyne of Essilmont,
against whom decree of removing had passed at Maitland's instance on 18 July 1601,
and Cheyne was called for his interest in this action. The value of the grain decerned
for was "according to the feir of the crop 1603." The value of the pasturage of 20
sheep was fixed at 5 merks yearly, of 10 nolt 5<D/-, and of 2 horses io/-
Augt. I. Fiars Court. The fiars of crop 1603. These were fixed more than once a year

at this period, and Lammas was one of the dates.

4. Receipt for Documents. Mr. Robert Gordon acknowledged to have received

up a Charter and Sasine given by the late Sir John Gordon of Petlurge to his daughter,
Barbara Gordon.

6. Assault and Mutilation. Patrick Allane, indweller in Fraserburgh. There
was presented for registration an obligation dated 3 August granted by Wm. Birny in
Fraserburgh, by which he became bound to enter accused for trial on 18 August, and
also that his goods should be forthcoming to the use of " our Souerane Lord his Graces
procurator fiscal and John Fyiff burgess of Abd." the injured party.

7. General Service. John, Lord Forbes to Dame Elet Keyth, his mother. The
Sheriff refused to go on in vacation.

II. Assault— Blood-drawing. Thomas Davidsone, sometime servitor to the Laird

of Ravyniscraig was charged with "dinging stricking & blude drawing of Keyth,

Chopman." Fined in absence.

Septr. 5. Manslaughter. John Duncane, for whose appearance Alexr. Burnat and Wm.

Russall, burgesses of Abd. were cautioners, was charged with the slaughter of Elspet
Paull, his wife, but acquitted.

Obligation for Money. James Elphingston in Auld Crag, in favour of John
Gordon of Bogs. Obligation to pay 40 merks before 1 1 Novr. under pain of poinding
and horning, on a six days charge with ten merks for ' ' cost skayth & dampnage " in
case of failure. The entry is signed by Robert Gareoch, Sheriff depute.

15. Murder. John Huchoun, Flesher, for whose appearance James Robertsone and

Alexr. Spens, cordiners, were cautioners. The charge was for the "allegit dinging
stricking and blude drawing of umquhill Meriore Wode his spouse with his hands & feit,
and specially with ane key in the heid be occasioun of the quhilk straik scho is depairtit
this present lyiff commitit be him of set purpois preuisioun & forethocht fellony." The
accused was acquitted.

23

Illustrative Example taken from Vol. VIL of Diet Books

Criminal Indictment and Trial

(22 February 1603)

1. Johne Kid Indwellar in Auld Abd art Indytit for the thifteous

steilling fra Andrew Brabner Youngar, furthe of his toune of Sunny-
syde of ane yow about Bartholl day last 1602 In signe & tackin
quhairof Androw Wentoun & ane uther of his nichtbours hard hir
bleit cumand In at the Channonrie port

2. Thow art Indytit for the thifteous steilling fra Androw Turnour In

Horscruik of sex yowis furtht of his stedding thair about the xvii of
Febr instant quhairof thair is tua apprehendit with the [thee]

3. Thirdlie thow art Indytit for the thifteous steilling fra James Allane

in Boghoill furthe of his stedding thair of tua yowis about the said
xvii of Febr In signe & tackin thay war apprehendit with the

4. Thow art Indytit for the thifteous steilling fra Ronald Allane seruitor

to Wa Setone of Kingisseat of ane yow about the said xvii of Febr
In signe & tackin she was apprehendit with the

5. Thow are Indytit for the thifteous steilling fra George Moresone

burges of Abd of ane wedder aff of the hill of Cunnagar about the
said xvii of Febr quhairwith thow was apprehendit

6. Thow art Indytit for the thifteous steilling fra Barbara Mowat relict

of Umquhill Wa Leisk of that Ilk of tuelft sheip quhilk thow brocht
ower the watter of Ithan and challengit with the & tane bak agane

7. Thow art Indytit for the steilling fra Alexr Mar than dwelling In the

Mure In the monetht of November or thairby 1602 yeiris furth of
the dg (dwelling) of Auld of xv sheip quhilk thow brocht to

Abd ouer at the Cobill of Ythan

8. Item at that same tyme thow staw fra Wa Wilsone in Carmuk of

thrie yowis of the quhilk thow slew ane In Thomas Arthors (some
illegible words follow)

1. Jon Litiljohne now at Justice Mylnis thow are Indytit for the

thifteous steilling fra Androw Forbes litster of twentie sheip or
thairby at syndrie tymes In the yeirs of God 1598, 99 1600 & 1601
yeirs In signe & tackin Margaret Harper seruitour to the said
Androw apprehendit the with ane of thame upone thy bak gangand
In at thy awin dure & sho tuik the staff fra the

2. Thow are Indytit for the thifteous steilling fra Patk Forbes & Alexr

Andersone seruitors to the said Androw at syndrie tymes In the
saids yeiris of sex sheip

24

Diet Books: Vol. VIL, Illustrative Example

3. Thovv art Indytit for the cumand to Ferrihill In the moneth of

in the yeir of God 1602 yeiris & braking of his hall or dwelling hous
& tacking furth thairof of sex silver spunis ane stand of naperie half
ane stane of cheis, ane pok full of blak vvoll and ane firlett of meill
fro Androw Skynner

4. Thow art Indytit for the thifteous steilling fra David Hairow at the

Brig of Dee of fourtene sheip furthe of the lands of Eister Petfod-
dellis in the moneth of Febr or thairby 1602 yeiris In signe & tackin
thow was apprehendit that same tyme be Margaret Harper & thow
hid sewin heids of the said sheip under furis of Rigs and tuik with
the woll & the cresche

5. Item ye and Ilk ane of you art Indytit for commoune theiffis &

briganes recept of thift Infang & outfang haveing na moyan nor geir
to leif upone bot onlie be steilling In signe & tackin thair was tane
furthe of the myre at the bak of Jon Litiljohns hous as thay gang
to the Brig of Dee be Johne Key at Justice Milne & his seruitours
thrie stane of Talloue, sex scheipis Intrallis and sheipis banes

and thow mad the Last yeir pair of plaids and ane pair this

yeir wowin be George Walker thow neuer beand ane bloker, ane
byar nor haveing na sheip of thy awin. And thy wyff knaweing of
thy thifteous deids left the thre syndrie tymes, quhilk beand denyit
be the saids persones the Shreff remitit thame to the tryell of the
Assyis following

6. Item the said Litiljohne for being airt & pairt of the steilling of the

sheip quhairwith the said Jon Kid was apprehendit extending to the
numer of sex stowin fra Androw Tumour George Moresone James
Allane & Ronald Allane

Nomina Assise

George Arbekie in Auld Abd Alex Douglas at the Brig of Dee

Adame Banerlay thair Patk Forbes thair

Jon Barcar thair Jon Walker thair

Jon George thair Jon Still in Ferihill

Jon Hay thair Jon Key at Justice Milnis

Androw Torrie thair James Smithe In Kincorthe

Jon Torrie thair Alexr Wobster in Kincorthe

Henrie Mowtray In Pervynnes James Miln in Auld Abd
Hew Hebburne thair George Gordone thair

Wm Cruikshank In Cottoun Duncane Barcar thair

Alexr Robertsone In Auld Abd

George Ogiluy fleshour in New Abd

Androw Hervie in Auld Abd

D 25

Aberdeenshire Sheriff Court

The haill assyis be the mouthe of Henrie Mowtraye thair chancellar,
convictis the said Johne of the secund, third fourt, fyft, sewint and
aucht poynts, and siclyk convictis the said Johne Litiljohn of the
secund, fourt, fyft, and sext poynts and siclyk convictis baith the
saids persones be oppin voce & commoun fame & absoluis thame fra
the remanent poynts

(Signed) henri Mutray Chancleir

The Shreff ordanit the saids persones to be drownit for thair
demereitts.

26

The Diet Books, Vol. VIIL— Part L J603, Part IL J600-1622.

This, which on the outside binding is titled a Diet Book 1603-17, is
called on the title page " Court buik begune undecimo die Januarii 1603,"
and the first entry contained in it is the Head Yule Court held on that
day. To call it a diet book was in a certain sense correct, for while it
contains apparently most of the work de die in diem from the above date
until 23rd June, 1603, occupying about 100 pages, the remainder, nearly
300 pages, contain the engrossment of trials of Brieves of Services of
various kinds, and of Edicts of Curatory from 1600 to 1622, with a
sprinkling of other matter, such as revocations by heirs within the
quadriennium utile, &c.

The volume is in exceedingly good preservation, although a
considerable proportion of the contents is much faded and blurred.
The whole of it is evidently transcribed from other books, and indeed
the first part is, as already pointed out, a clear and expanded copy
of at least a considerable proportion of the entries in the volume last
noticed.

27

Table of Contents of Vol. VIIL of Diet Books. Part L

1603.

Jany. II. Violent Profits. Wm. Gordoune, eldest lawful son of Wm. Gordoune of Duny-

made v. Thomas Dempster of Auchterless. Mr. Arthur Watt, as Sheriff in that part,
presented letters of Advocation, summoning the party and the Sheriff depute before the
Lords of Counsel on 26 January.

Decree for Rent. James Gareoche of Kinstair v. Alexr. Smithe in Ardgathin.
The arrears of rent of crop 1602 of the lands of Smydihill amounting to 14 bolls 10
pecks of meal. The Pursuer protested for the highest prices.

Lawborrows. James Andersone in Auchlossin and Alexr. Stewin in Waster
Beltie v. Alexander Gordoune, Merchand, brother to Wm. Gordoune in Deskrie.
Wm. Gordoune appeared and became cautioner for his brother to the extent of ,£300
Scots, and Alexr. Gordoune became bound to relieve his cautioner. Both cases were
continued to 15 January to give in defences; but on that day Letters of Advocation
were presented.

Spuilzie and Eviction. David Arbuthnot in Langseat v. Andrew Lyoun, elder
in Ester Ardoche, David Lyoun in Wester Ardoche, Richard Lyoun, Smith in Potter-
toune, David Skeyne there, George Clerk son to John Clerk in Pottertoune, and
Alexr. Jamesone there. There were two actions here, in both of which January 1 5 was
assigned for defences.

Abstracted Multures. Bartholl Leslie, portioner of Cheppiltoun, and Margt.
Hervie his wife v. Patrick Leslie of that ilk. The Pursuer produced a Charter of the
mill (presumably Cheppiltoun) granted by John Leslie of that ilk on 14 January 1577,
and Sasine, dated 27 January same year. Notary Hew Hervie.

Nature of action not disclosed. John, Lord Forbes v. James Mortymer, fiar of
Cragyver. This was a diet for proof. An objection to the proof proceeding was taken
on behalf of the Defender, the ground being that, altho' the amount for which he was
sued exceeded 100 merks, he had not been summoned by a mair depute but only by an
officer. On the Pursuer agreeing to restrict his claim pro loco et temfore to 100 merks,
the Sheriff depute held the citation of the Defender to be valid.

Special Service. Thomas Cheyne, son of Mr. Patrick Cheyne of Ranestoun,
burgess of Abd. The Lands of Ferryhill, Ailhous and Smyddie crofts, Mill and Mill
Lands of the same in the Parish of St. Maucher. Held of the Crown in feu farm for
payment of £20 Scots per annum, with a duplicand on the entry of heirs. Old and
new value £20. In non-entry since death of ancestor on 5 October 1602.

12. Nature of Action not disclosed. Andrew Skeyne in Ferrihill v. David Gardner in

the Bray of Petfoddellis. February I assigned for defences.

28

Diet Books: Vol. VIH, Part L, Contents

1603.

Jany. 12. Nature of Action not disclosed. Isobell Craigheid and Thos. Fergowsone, burgess

of Abd., her husband v. Margt. Cruikschank, widow of John Craigheid in Fuddes.
February I assigned for defences.

Nature of Action not disclosed. Andrew Gray v. George Hardie in Haddocht.
February 15 assigned for defences.

Nature of Action not disclosed. Andrew Gordone v. Patrick Leslie in Setoun.
Term for lodging defences circumduced and petition admitted to the Pursuer's
probation.

Nature of Action not disclosed. John Leith, apparent of Harthill v. Win. Leslie
of Tocher and his tenants. February 13 assigned to Pursuer to answer the eiks to
the defences.

Claim for Rent. James Ogiluy of Blerak fc>. Alex. Mar in Watishill and James
Mar his son in Mure plough of Wester Auchleuchreis. 24 bolls meal and ,£8 custom
silver, due for occupation of Mure plough for crops and years 1598, 1599, 1600, 1601
and 1602. Pursuer's Sasine was dated 5 June 1596. Notary John Leslie. James Mar
became bound to relieve his father, Alexr. Mar, the other defender.

Nature of Action not disclosed. George Hardy in Haddocht i: Andrew Gibsone
in Haddo of Furvie and others. In default of appearance the case against Gibsone
was remitted to the Pursuer's probation. February 15 assigned for defences for the
other Defenders.

Decree of Wrongous Intromission. Andrew Barclay, Sklaiter v. John
Buchannan in Auld Abd. and Isobell Airlhe, his spouse. The Pursuer obtained Decree
for "Tua clokis the ane thairof gray and the uther russat price of the gray cloik x lib
price of the russat clok vi sh viii d. Item tua linning neks worthe xvi d and ane
hember worthe xl d " all which had been taken in June 1600.

Nature of Action not disclosed. George, Earl Marischal v. Walter Innes in
Adiell. Defender not appearing, case remitted to Pursuer's probation. On I Febry.
the Defender was represented, and on payment of expenses was reponed. Pleadings
were subsequently lodged, but the case is not mentioned after 1 6 Febry.

Nature of Action not disclosed. Nicoll Ross, Cordiner, burgess of Abd. ».
Archibald Patersone at the Walkmilne of Belty. Defences ordered, but no subsequent
entry is found.

Breach of Arrestment. Mr. Win. Barclay, Procurator Fiscal, and Wm.
Slraquhan of Glenkyndie v. Gilbert Kobertsone at the Milne of Fedderet. There were
produced (i) the private Pursuer's own precept of arrestment (2) execution thereof and
(3) his Sasine, dated 20 Febry. 1566. Notary Sir Wm. Proctour. After various pro-
cedure Decree was pronounced on July 30 (vol. VII.), but no detail is given there.

29

Aberdeenshire Sheriff Court :

1603.

Jany. 12. Claim for Rent. Girsall Hay, widow of John Dilgarnocht of Blakwatter, John

Hay, her husband, Wm. Hay of Cremoundmogat, father, tutor & administrator for the
said John Hay v. James Smithe in Rattraye and others tenants there. Subsequent
entries disclose that certain " Ruiddis and lands" in Rattray were the subject of the
action. One Jonat Keyth was admitted to defend for her interest on 8 Febry., producing
a Sasine, the date of which is not given, and on 19 Febry. Alexr. Keyth of Balmure
desired to be and was admitted in respect of the Sasine of Cristane Dilgarnocht, dated 7
June 1595, and an Assignation by her to him of the duties libelled.

Claim for Arrears of Rent. Barbara Gordone, lawful daughter of the late Sir
John Gordone of Petlurg, Knight, and Abraham Forbes of Blaktoune, her curator v.
John Gordone of Petlurg and tenants of Thornywray. After various procedure the
tenants were apparently allowed out of the case, upon the defender Gordon swearing
that they had paid to him the half rents crop 1600 and the whole rents crop 1601.
(Vide p. 23.)

Renunciation. Meriore Annand, wife of George Leslie of Hilbray, in favor of
James Setoune of Bourtie, burgess of Abd. A contract, probably of wadset, between
Leslie and Setoune and Margaret Rolland the wife of the latter, dated 24 Deer. 1601,
and registered in the Books of Council & Session 22 Febry. 1602 is referred to. The
lady renounced her conjunct liferent &c. in the lands of Hilbray, Mill of Bourtie, &c. in
the Parish of Bourtie. After Leslie had appeared and intimated his consent the Sheriff
interponed his authority.

13. Nature of Action not disclosed. Sir Patrick Hebburne of Luffnes, Knight v. John
Ogstoun in Cheppilhill of Fingask and Gray in Petsligo. In default of appearance by
Defenders, case remitted to Pursuer's probation.

Nature of Action not disclosed. Gilbert Gray, burgess of Abd. and Meriore
Gordoune, his spouse v. John Dwne in Ellone. There was produced for the Pursuers a
Charter, dated 19 Octr. 1599. In the course of subsequent procedure the defences were
repelled, and after the taking of the Pursuer's oath of calumny on 16 March the case
disappears.

14. Spuilzie. John Thomsone in Fechlie v. John McHardie alias Euer McRichie in
Auchintoull at the heid of Glengardin. "Ane blak quhyit, blak pointed hornitox"
was claimed. The Defender did not appear and he was ordained to be cited again to
give his oath.

Ratification. Agnes Forbes, wife of Andrew Brabner, younger, burgess of Abd.,
ratified a Contract, Charter and Infeftment dated 13 Novr. 1602, whereby Brabner, in
consideration of 800 merks and with the consent of his wife and brother Alexr.,
alienated by way of wadset to William Moir, burgess of Abd. the "toun and lands
callit the Sonye Syde, Spittellhill and croft adiacent to the College Croft " lying within
" the Regalitie of the College of Auld Abd." Also the lands " callit the Calsie Seatis "
within the freedom of the Burgh of Aberdeen.

3°

Diet Books: Vol. VIE., Part L, Contents

1603.

Jany. 15. Abstracted Multures. John Glenny at the Doipmilne of Arnage v. James

Gordone, fiar of Newtoune, Mr. Wm. Barclay Vicar of Inche, and William Bur at the
Milne of Williamstoune. The Pursuer produced a Lease of Mill of Williamstoune,
granted by the Defender Gordone in his favor for five years from Whitsunday 1601,
dated i May 1601. February i assigned for defences.

Nature of Action not disclosed. Thomas Burnat of Cragmyill v. Charles Chalmer
of Tillikirie. Action wakened and the Pursuer's Sasine of the lands of Cragmyill &c.
produced dated 8 Jany. 1598-9. Notary Mr. Robert Davidsoune. Pronunciation of
interlocutor continued to February 16.

Feby. i. Eviction and Payment. George Adamsone in Elphine v. Wm. Leisk of that

Ilk et e contra. Adamsone produced a lease by Thomas Leisk, apparent of that Ilk, of
the town and lands occupied by Thomas himself for 5 years from Whitsunday 1596 with
two receipts for rent, viz. : (i) For the rent of Auchmad crop 1600, and (2) For the
rent of Belschamphie for the same crop and all previous crops. Among the witnesses
cited in this case was Alexr. Hay of Brunthill.

Spuilzie. Wm. Irving, elder, in Hoill-MIThe v. Jeane Lumsden, widow of Alexr.
Chalmer of Cultis, and Alexr. Chalmer, his son. The Pursuer claimed "tua meiris and
ane steir." This action was dismissed on 16 April, without prejudice to the Pursuer's
right to sue again.

Spuilzie. James Cassy in Quhytstryipis v. Martene Howesone, burgess of Abd.
and John Craufurd, messenger. A horse was claimed. After various diets the
Defenders were allowed a proof of their last defence, and on 16 April they produced a
compulsitor of the Commissariat of Abd. at Howesone's instance against Cassy for
payment of money, with an execution of comprising of the horse following on it.
Witnesses were admitted to proof that at the comprising the horse was offered to Cassy.
The end of the case is not reached in the volume.

Claim for Arrears of Rent. Christian Fraser, widow of Alexr. Setoune, fiar of
Meldrum, and wife of Alexr. Forbes of Fingask v. Alexr. Setoune in Ardconnan.
Christian Fraser's liferent Sasine was produced, dated 4 Deer. 1584, notary Mr. James
Forbes, and also a writ of repossession of the rents granted by Walter Wode of Fetter-
carne on 20 Deer. 1602. February 8 assigned for defences.

Removing. Christian Fraser, widow of Alexr. Setoune, fiar of Meldrum, and
wife of Alexr. Forbes of Fingask v. Alexr. Setoune in Ardconnan. The subjects were
the "myddill pleuch of the schaddou half lands of Ardconnan and ane croft of the
Kirktoune of Bathelny callit the Clerks croft " in the parish of Bathelnie.

Spuilzie. John Farquharsone in Invergald v. John McBrebarconnie in Monaltrie.
The Pursuer claimed a dun horse, to which he produced an assignation, granted in his
favor by Thomas McPhereis in Crathinhard, dated 28 Novr. 1602. This assignation
McPhereis appeared in Court to authorize, ratify, affirm and approve. The Defender
did not appear.

31

Aberdeenshire Sheriff Court:

1603.

Feby. I. Nature of Action not disclosed. James Gardyne of Blakfurde v. Alexr. Meldrum,

sometime of Bogheids, and George Meldrum, his "oo" [grandfather]. The Defenders did
not appear, but the Pursuer produced a discharge between the parties with " ane rewin"
[torn] "contract contening ane cassatioune on the bak thairof quhilk the said James
instantlie tuik upe agane."

Failure to Present an Accused for Trial. Gilbert Fergowsone at the Miln of
Petfichie v. Thomas Muckard at the Miln of Monymusk. Muckard appeared, being
summoned on Ferguson's petition, and being sworn at the bar, admitted that he had
promised faithfully to present Win. Watt in Kyldrymmie at the Court of Monymusk,
charged at the instance of Ferguson with certain capital crimes and that he had failed
so to present him, " anent the quhilk the Shreff deput tuik to be advysit."

2. Spuilzie. John Lumsden of Cushnie v. Andrew Touche in Brigend of Litill

Lenturk. A "blak gray hors " was claimed. In support of his summons Lumsden
produced a copy of an act from his own " Baillie Court buik." This copy was collated
word by word with the book in Court. February 8 assigned for defences.

Liquidation of Prices. (Supra II Jany., p. 28.) James Gareoche of Kilstair v.
Alexr. Smythe, sometime in Smiddyhill. Two witnesses viz. James Forbes in Abd.
and Alexr. Blakhall there were adduced, who deponed that the price of farm meal
crop 1602 was £$ Scots p. boll. The Decree was in accordance with this evidence,
with 4O/- of expenses.

Special Service. (Inq. Spec. Abd. No. 89.) John, Lord Abirnethy of Saltoune,
grandson of Alexander, Lord Abirnethy of Saltoune. Superiority of the Lands and
Barony of Lessindrum. Old value 2O/-, present value £4. Held of the Crown for
service of ward and relief. In hands of Crown for 15 years and 10 months since death
of ancestor in April 1587 viz. : 10 years by reason of ward, and 5 years by reason of
non-entry.

5. Eviction. George Maky in Innerowrie v. Wm. Mackie there. Defender being

absent, case admitted to Pursuer's probation.

Intrusion. Wm. Keithe of Pettindrume v. John Barclay there. Sasine produced
but date not mentioned. February 16 assigned for defences.

Renunciation. Jeane Erskyne, widow of George Auchinlek of Balmanno, and
wife of John Leslie of Balquhane, with consent of the said John Leslie. Alexr.
Gordoune at Kethakismylne, as Procurator for George Auchinlek of Balmanno, presen-
ted a contract between the Leslies and Balmanno, whereby the former had bound
themselves that the lady would, for a price of .£1000, convey to Balmanno or his
nominee, her terce in the lands under mentioned, to which she was entitled as widow
of her former husband. These subjects were : — Two parts of the Mains of Schethin,
Mill of the same, &c., &c., two parts of the lands of Raakistoune, Craigie, Little
Meldrum, &c., two parts of Balgowny, Murcour, Wastfield, Kethakismilne, and
Walkmilne of the same, two parts of Dillappie all lying in Aberdeen and Forfar Shires.
The conveyance of part of the subjects was to Balmanno and part to his eldest son and
apparent heir, George Auchinlek, whom he had nominated. The procuratory was
signed at Kethakismilne, 29 Novr. 1602, and the contract at Aberdeen, 13 August 1602.
Both Balquhane and his wife appeared in Court.

32

Diet Books: Vol. VHL, Part L, Contents

1603.

Feby. 10. Decree of Removing. Mr. Alexr. Leslie, parson of Rothes v. Patrick Leslie of

that ilk. The shadow third part of Mains of Leslie in the parish of Premnay. The
action had been advocated to the Court of Session, but remitted back to the Sheriff.
The Pursuer produced (i) Act of Remission, dated at Edinr. 4 Deer. 1602 ; (2) Sasine
dated 21 May 1588 — Notary Mr. James Forbes — and (3) Letters of Horning raised and
executed against the Defender and registered in the Sheriff Court Books. The
Defender did not appear.

1 6. Decree in Supplement for Rent. Elizabeth Hay, Lady of Towie v. Andrew

Schewan, John Ray, Gilbert Ray and Patrick Smithe in the Outseats of Mekill Drum-
quhendill. The Pursuer, who was liferentrix of Mekill Drumquhendill and Outseats
thereof, had in April 1599 and 20 Febry. 1601, obtained in her own Baillie Court
decrees against the Defenders, who had been tenants of Outseats. These decrees she
produced in order to get a decree from the Sheriff Court in supplementum justilia.

Violent Profits. James Gardyne of Blakfurde v. Margaret Lamb, widow of the
late Alexr. Gardyne of Blakfurde, and George Lamb in Langlandwallis, her cautioner.
February 23 assigned for defences.

1 8. Nature of Action not disclosed. John Forbes of Echt v. Andrew Bonar in
Boquharne and Thomas Sheriff in Colhay. February 23 assigned for defences.

19. Discharge of Spuilzie. Alexander Scott in Mylnaniet'. Gilbert Bairdof Auch-
medden. In consideration of certain sums paid by Baird to Scott, of which the latter
" haulds him weill contentit plesantlie satisfeit and payit," the action is renounced and
discharged. The corresponding entry in Vol. VII. of the Diet Books is signed by
John Gordone of Bogis, the Sheriff depute.

Renunciation of Tenancy. George Low in Artanfurde in favor of John Irving
of Artanfurde. Eight oxingait of the Lands of Artanfurde in the parish of Deir as from
Whitsunday 1603. The entry in Vol. VII. is signed by Low and the Sheriff depute.

Spuilzie — Advocation. Alexr. Cruikschank, burgess of Abd. and David Mudie,
Mair depute, Abd. v. John Wode at the Mylne of Fintray. Robert Gareoche, Sheriff
in that part, produced letters of Advocation.

Breach of Arrestment — Advocation. Mr. Wm. Barclay, Procurator Fiscal for
himself and as Procurator for Alexr. Cruikschank and David Mudie v. Alexr. Cruik-
schank in Wantonnes and John Wode at the Mylne of Fintray. Evidently connected
with the immediately preceding entry. Robert Gareoche produced letters of Advo-
cation here also, stopping procedure until March 10.

22. Eviction. Robert Glenny in Nethirtoune of Raneishill v. Cristane Symsone,
Charles Currie and Alexr. Symsone. March 2 assigned for defences, but no particulars
given and no decision in this Vol.

23. Spuilzie. George Reid in Auchinlek v. Andrew Reid in Over Barrak and George
Reid, his son, there. No particulars. Defences ordered but case never appears again.

E 33

Aberdeenshire Sheriff Court :

1603.

Feby. 23. Decree in Supplement. Mr. Richard Irving, burgess of Abd. v. Patrick Wyslie

in Kemmellis. The Defender had become acted in the Baillie Court Books of Aberdeen
on 3 April 1602, to pay to Mr. Irving £6 for each boll of five bolls of beir and five bolls
of meal, and this decree is pronounced in supplementum justifies.

Removing. Alexander, Lord of Fyvie, President of the College of Justice v. John
Watsoun in Mill of Pettie. Mill of Pettie &c. Sasine produced but date not given,
the entry bearing that the Procurator for the Pursuer " instantlie tuk it upe agane."

Claim for Arrears of Rent. Patrick Gray, sometime portioner of Barrak v,
Gedioun Keithe in Garlogie, James Stewin and Harie Gordoune of Sauak. Sasine
produced, dated 24 May 1598. Notary James Birny. April 16 assigned for defences.

March 2. Mill Multures. John Leith of Harthill v. John Burnat in Craigtowne. There

was produced for the Pursuer a contract between him and the Defender dated 4 April
1601. March 9 assigned for defences.

5. Breach of Arrestment. Mr. Win. Barclay, Procurator Fiscal, and George

Knowis, burgess of Abd. v. Wm. Knowis of Logyruif, John Mallice and Patrick
Hendersone there. Precept of Compulsitor directed by the Commissary of Aberdeen
and executions thereof produced. March 9 assigned for defences.

Renunciation of Tenancy. Walter Stewin in Bischopis Clintertie, in favor of
Mr. Wm. Fraser, heritable feuar thereof. The town and lands of Bischopis Clintertie
in the parish of " Sanct Maucher."

9. Renunciation of Tenancy. Agnes Andersone, widow of James Jamesone in

Brumhill, with consent of Wm. Keith in Edny, her husband, and John Andersone in
Dennis, as tutor of John and Geillis Jamesone, in favor of Alexr. Irving of Drum. "The
towne and lands of Browmehill lyand within the Baronie of Fedderet perioch of Deir
and Shrefdome of Abirdeine." The Pursuer had on 12 June 1602 obtained Decree of
Removing in the Court of Session.

Breach of Arrestment. Mr. Wm. Barclay, Procurator Fiscal, and James Gor-
done, fiar of Newtoune, and Alexr. Andersone, messenger, for their interest, v. John
Glenny at the Mill of Arnage, James and Patrick, his sons, Andrew Litiljohn, Andrew
Stewynsone, Cristall Pratt, George Reid, Thomas and Alexr. Watsone, Robert Pirie,
and Philip. The instance is thus worded " at the instance of our Souerane

Lord the King, His Majesty Mr. Wm. Barclay his Grace procurator fiscall," &c., &c.
An objection to the executions, as having been "mendit" after service of the summons,
taken to avizandum. ( Vide Sripra Jany. 15.)

Eviction and Spuilzie. John, William, Beatrix and Annas Fraser, children of
the late Alexr. Fraser in Cults, and Andrew Mayne in Edistoune, their guidsir and
administrator v. Thomas Mengzeis of Durne. The confirmed testament of the deceased
Alexr. Fraser was produced, and April 16 assigned for defences. The Defender's pro-
curator did not admit the jurisdiction of the Court.

34

Diet Books: Vol. VIE., Part L, Contents

1603.

March 9. Decree of Spuilzie. Alexr. Forbes in Dauauche v. John Makbrebar alias Ochan

and Margaret Cultis alias Oge, widow of Allister Keir in Recharcharie. The Pursuer
claimed " ane blak riggat ox of sewin yeir auld or thairby price thairof " £16. " Ane
uther ox sex yeir auld or thairby " 20 merks. These were said to have been taken
from Mekill Curriehoull in August 1600. Violent profits claimed for each ox per
annum 6 firlots victual at 10 merks per boll. The sums decerned for were for the two
oxen 50 merks, and for violent profits a boll of beir at 8 merks for each ox per annum.

General Service. Patrick Willicok, son of Alexander Willicok, Dyer, burgess of
Abd. to his grandfather, Thomas Con of Hairmoss.

General Service. The same to his grandmother, Isobell Cheyne.

16. Nature of Action not disclosed. Janet Lumisden, widow of James Duncane of

Merdrwme v. Andrew Glennye. A Sasine was produced but no date is mentioned.
April 1 6 assigned to pronounce interlocutor.

Blood-drawing — Submission to Arbitration. The Procurator Fiscal, Patrick
Leslie of that ilk, George Leslie, his son, and George Wode, his servant v. Bartholl Leslie
in Cheppiltoune, Wm. Leslie, son to Patrick Leslie, Alexr. Hervy, son to Andrew
Hervy of Elrik and others (probably merely underlings). James Ilervy, son of Andrew
Hervy of Flrik, had become cautioner to enter the accused for trial this day. He
entered three of them viz. : Bartholl Leslie, Wm. Leslie and Alexr. Hervy, which was
accepted as sufficient. The accused offered humbly to submit themselves to the judg-
ment of the Laird of Leslie and his son ; but they declined and referred this and all
questions between them to Patrick, Lord of Lindores, John Leslie of Balquhane, John
Leslie of Wardres, Patrick Leslie of Kincraigie, John Keyth of Ravynscrage, Wm.
Udnie of that Ilk, John Leith of Harthill, John Leslie of Petcaple, and John Chalmer
of Balbithane, or any four agreeing, the Lord of Lindores and Leslie of Balquhane
being two of the four. The Fiscal protested that the submission " preuidice nocht his
Grace." James Hervey again became cautioner for the accuseds entry on 4 May.

Tutory. James Chalmer, brother's son to the Laird of Balbithan. John Chalmer
of Balbithan presented gift of Tutory, dated 27 January 1603, accepted office, took the
oath de fideli, found James Leslie in Ryhill cautioner for him, whom he obliged himself
to relieve.

April 1 6. Spuilzie. Robert Birny in Braklay Tarves v. Alexr. Follay there. May 5

assigned for defences.

Claim for Production of a Lease. Gilbert Keithe of Auchireis v. John Fraser,
son and apparent heir of Alexr. Fraser in Auchireis, and Margaret Keithe, his wife, John
Fraser of Creichie his tutor and all others his tutors. The demand was for the pro-
duction and exhibition of a lease, but of what subjects does not appear.

35

Aberdeenshire Sheriff Court:
1603.

April 1 6. Mill Multures. Alexr. Gordone at Kethokismilne v. Hew Hebburne in

Pervynneis and Elspet Hervie, his wife. At this diet the Pursuer referred the case to
the Defenders' oaths of verity. On 4 May following their oaths were taken, and being
negative of the reference, they were assoilzied. From their depositions it appears that
Elspet had been formerly married to Edward Drume, who died at Michaelmas 1 597 ,
and that she married Hebburne after the beir was sown in 1600.

Eviction. George Elphingstoun, burgess of Abd. v. Walter Wode of Fettercarne.
The subjects are not mentioned ; but the Pursuer produced an Assignation made to him
by one Henry Arbuthnot. June 23 assigned for defences.

Spuilzie. John Gray, burgess of Abd. v. John Kennedy in Schedochisley. No
particulars given. May 4 assigned for defences.

Nature of Action not disclosed. James Urquhart in Allanboy v. James Gald in
Nethirtoune and Patrick Michell in Cowschellauche. No particulars given. May 4
was assigned for Gald's defences, but Michell did not appear.

Mutilation. James Mylne at the Mylne of Udnie v. Thomas Smyth in Boghous.
Alexr. Cruikschank, elder, burgess of Abd., who had bound himself to enter Smyth
for trial, did so and was freed of his caution. No one appeared to prosecute, in respect
of which and of the production by the accused of (i) Registered Letters of Horning
against his accuser and (2) Royal letters of respite for the crime charged against him for a
period of 19 years. In respect of these he was dismissed from the bar.

Unlawful Carrying and Use of Firearms. James Miln at the Miln of Udnie
was bound over under penalty of 1000 merks to take his trial on 23 June for the alleged
"beiring weiring & schuting with pistollis."

Theft by Housebreaking and Reset. George Turing, Janet Straquhan, Henry
Russall and Thomas Burnat were charged and convicted. The names of the jury are
not given here ; but Thomas Cuming, burgess, of Abd. was Chancellor. The sentence
against the men was that they were " to be tane to the Gallowhill & thair to be hangit
quhill thay be deid " while the woman was "to be tane & scurgit throche the toun &
perpetuallie baneist furth of this Shrefdome & neuir to be seine within the same with
certification in caice scho contraveine to be drownit without fordder doome or law."
The houses of Dumbennan and Monymusk were among those broken into. As appears
from Diet Book, Vol. VII., the jury numbered 21.

Killing a Child and Wounding the Mother. Thomas and Alexander Reith
in Petmedden were put on trial, but the jury acquitted them of the charge, which was
of going to a certain place " and tacking of umquhill Alexr. Forbes sone to Normond
Forbes in Petsligo & manassing (threatening) to cast the said bairne upe & to kaip "
(catch) "him on ane durk, lyk as thay did and efter he was fallin to the ground for
stramping of him with thair hands & feit be occasione of the quhilk he departit this
present lyf, And for the wounding & blude drawing of Elspet Roberlsone mother to the
said Alexander in saifing of the said Alexander hir bairne in dyueris pairtis of hir bodie
and specially in the heid " and for carrying firearms. The Chancellor of the jury was
William Bruce of Cheppiltoune.

Diet Books: Vol. VIIL, Part L, Contents

1603.

April 28. Theft by Housebreaking. Andrew Hay from Bo'ness, the accused, who said he

had been born in " Bownis," had broken into a house in Abd. on the previous day and
stolen " tua peks of meill, ane pair new schone with a pair of tuedling scheitts." On
pleading guilty he was sentenced to banishment from the SherifFdom, with the usual
addition of hanging without trial if he came back.

May 3. Discharge. Janet Sangster, daughter of the late Gilbert Sangster in South

Colpnay and wife of Duncan Breichin, appeared and discharged 500 merks and all
other sums payable to her by her husband under Marriage Contract. Alexr. Wode of
Colpnay stating himself to be "oureman to the said Jonet" under her father's will,
protested.

4. Eviction and Spuilzie (Infra 25 May). Wm. Bruce, sometime in Affleck now at
Mill of Furvie v. Mr. Robt. Lumisden of Affleck, John Urquhart of Culbo, Tutor of
Cromarty his curator, Helen Urquhart, widow of Wm. Lumisden, Chirurgeon, and Wm.
Fywie in Altrie (et e contra). The Pursuer had been tenant of the shadow half of the
lands of Affleck in the Parish of Deir, from which he had probably been evicted for non
payment of rent and his crop seized by the landlord.

Claim for Arrears of Rent. John Arthour, one of the Commissaries of Edin-
burgh, Assignee of Robt. Arthour of Kingiswalls v. Gilbert Young there. The
defence was that Robert Arthour had promised the Defender " sufficient nichtbour-
heid in plewching " and had not done so ; but he failed to prove it. The price of beir
was fixed at ^10 and that of meal at £8 per boll. Price of poultry 3/4 each. A load
of peats 2/- Tallow 5 merks per stone.

5. Decree of Transferring. Alexr. Forbes of Thainstoune v. Patrick Grant of
Ballandaullach, Walter Grant, burgess of Banff, James Grant in Tillibo, Wm. Gordone
of Gecht and George Gordone, sometime of Creichy then in Straloch. This case arose
in connection with the provisions of the Marriage Contract entered into between the
Pursuer and Janet Grant, sister of the late Patrick Grant of Ballindalloch, dated at
Turriff 25 and registered in the Sheriff Court Books of Aberdeenshire 29 June both in
1565. On his side Forbes undertook to infeft his intended wife in Kirktoun of Kynnel-
lar in liferent, which he did, the bride's brother, Patrick Grant, as principal, binding
himself to pay to the bridegroom 800 merks, which he had not done. The cautioners
for Patrick Grant were George Gordone of Schewes, James Gordone of Creichy, Patrick
Grant of Uavey and Mr. Wm. Grant in Tillibo. This action was for the purpose of
transferring the liability for the 800 merks to the representatives of the original obligant
and his cautioners, viz. : The defender, Patrick Grant, as representing his father, Walter
and James Grant as representing their father, Mr. James Grant in Tillibo, Win. Gordone
of Gccht as eldest son and representing John Gordone of Gecht, who was heir or
representative of George Gordone of Schewes, who was heir or representative of Sir
George Gordone of Schewes, Knight, and George Gordone sometime of Creichy as
representing James Gordone of Creichy, his father. Andrew Grant of Rewmoir and
Patrick Grant of Davey were called as representing their father, Patrick Grant of Davey ;
but the libell was departed from as against them. A plea of payment was stated, but
no attempt was made to prove it, so decree passed.

37

Aberdeenshire Sheriff Court:

1603.

May 5. Theft. Meriorie Burne, daughter to the late John Burne in Fechill, convicted

of the theft of £10 in April, was sentenced to scourging through the town, banishment
from the county and drowning without trial if she returned.

n. Manslaughter. Thomas Adame in Tilliboy was charged with "the crewall &

unmercifull slauchter of umquhill Johne Chrystie in Tilliboy with ane gad or trie upon
the day of 1601 yeiris be striking hurting wounding and oppressing"

committed at Tilliboy. David Aidy, burgess of Aberdeen had been cautioner, but upon
the Sheriff continuing the case to 23 June John Forbes of Echt became cautioner for
;£ioo to enter him on that day. As appears from Vol. VIII. the accused was duly
presented for trial on that date, but in the absence of a prosecutor was discharged.

17. Theft and Habit & Repute. Thomas Forsyth was convicted of five points of

Theft. To be hanged and all his moveable goods to be escheat.

General Service (Inq. Gen, No. 136). Henry Sincler, son of Wm. Sincler of
Auchinfranco.1

25. Removing. Janet Gordone v. James Gordone of Letterfourie. The lands of

Schanvell of Davidstoune in the Lordship of Huntly, of which the Pursuer was life-
rentrix. This case, which had been asleep since 15 March 1 600, was on the roll this
day by continuation from 27 March last to be wakened and proceeded with. The
Sheriff depute gave effect to a plea that the Defender had been insufficiently summoned
for the previous diet by an Aberdeen Sheriff Officer — he being then resident at
Letterfourie which was in Banffshire — and ordered new citation. On 15 June the
Pursuer produced a contract between James Futhie in Schanwell and her, dated 25 June
1593, and Sasine thereon dated 2 July same year.

Decree for Arrears of Rent (Sttpm 4 May). Mr. Robert Lumisden of Afflek
and John Urquhart, Tutor of Cromarty, his curator v. Wm. Bruce, sometime in Afflek
now at Miln of Furvie. The Pursuer sued for 55 bolls 3 firlots of victual as the
Defender's rent of the Shadow half lands of Afflek for 1599 and 1600. The Defender
admitted being due for crop 1599 13^ bolls, and for crop 1600 3 chalders and half a
boll, of which 20 bolls beir and the rest meal. The price of victual is said to have been
" according to the feirs respective of the yeiris." He admitted also being due 9 Ib.
butter=2 merks, 18 capons at ^3 per dozen, 3 wedders at 4 merks each and 5 merks
of money. The Defender's claim in the action for spuilzie was reserved.

Decree of Transferring. James Johnestoune of Badindauche v. Cristane
Dauidsone, widow of Wm. Cruden in Innernothe, and Gilbert Cruden, his son, as
executors of the deceased or intromitters with his estate. There was produced a Decree
of the Court of date 9 May 1601 against the late William Cruden for II merks for each
boll of 18 bolls meal for rent of the west third part of Carngall with £10 of expenses.
The widow was found liable as intromitter with her husband's estate and also in .£5 of
additional expenses. Gilbert the son was assoilzied.

I In Dumfriesshire.
38

Diet Books: Vol. Vffl., Part L, Contents

1603.

May 25. Decree for Rent. Isobell Leslie, widow of John Forbes of Kirktoune of Touche,

& Wm. Guthrie, her husband v. Agnes Ranie at the Milne of Edinbanquhorie, Alexr.
Wilsone in Edinbanchorie, Thomas Wilsone, his brother, Geills Elmslie alias Johnes-
toune, widow, John Troupt, her son, Alexr. Elmslie in Logy, Arthur Forbes there,
Wm. Walshe there & Cristie Michell. The female Pursuer claimed here a third of the
rents of Edinbanchory in Auchindoir for crop and year 1602 as widow of her first
husband. At a previous diet (5 May) she had produced a Sasine, dated 28 December
1594 proceeding upon the Sheriffs precept, and also an Instrument of Kenning of her
Terce. Decree now passed.

Blood-drawing1. Andrew Sangster in Bannakettill was charged. Wm. Forbes
of Tolquhone had been surety for the accused, whom he now entered for trial. Ap-
parently Paull Ray in Belhelvy and another, the injured parties, had received compen-
sation and did not appear, upon which the case dropped.

June I. Nature of Action not disclosed. George Meldrum at the Newmyll of Haltoune v.

John Browne at the Kirk of Auchterles. Continued to 15 for defences and then to 23
June for answers. On the latter date 29 June was assigned to pronounce interlocutor.
This was the last entry in this volume.

Decree of Removing'. William Udny of that ilk v. Thomas Leslie in Greyn-
inches. The Pursuer claimed to be liferenter of the subjects, as part and pertinent of
the Maynis of Newtoune in Culsalmond. His Sasine, dated 8 December 1598, which
was produced, embraced " Maynis of Newtoune, Wranghames, Corne and Walk mylnes
of the same, Skairs, Mekill and Lytill Laidinghames."

4. Warrandice. John Burnat, son of the late John Burnat sometime bargess of Abd.

v. James Burnat in Craigour. The Pursuer produced copy of a warning to remove,
which he had received, and a lease dated 13 May 1600. The name of the lands and
mill in question is not given. The defences were repelled on 23 June.

Breach of Arrestment. Mr. Wm. Barclay, Procurator Fiscal, and John Lesly,
burgess of Abd. v. Agnes Allane spouse of Thomas Craigheid, burgess of Abd. The
Defender did not appear and the case was admitted to the Pursuer's probation.

Claim for Implement or Payment. John Ogstoun, younger in Auchmacludy,
Andrew Keyth of Auldmad and John Murray in Faithlie, his curators v. Magnus
Ogstoun in Ardley. A bond containing the terms of the sale of certain oxen was pro-
duced, but no particulars are given. The Defender did not appear and the libel was
admitted to the Pursuer's probation.

Theft and Habit & Repute. Thomas Sym, son of Sym, Milnvart in

Abd. The accused was " baneist and exyillit" from the county "and neuir to cum
within the same with certificatioune in caice he war apprehendit thairin to be tane and
execute to the deithe. "

39

Aberdeenshire Sheriff Court:

1603.

June 8. Claim for Payment. Mr. Robert Lumisden of Auchinlek and John Lumisden

of Culbo, his curator v. Wm. Fywie in Altrie and Geo. Low in Milntoun of Cragmyll.
The Pursuers' Procurator protested for the highest prices of the victual libelled, but no
detail is given. June 23 was assigned for defences, but there is no entry on that day.

9. Contract of Tenancy (Steelbow). John Chalmer of Balbithan and Thomas

Arthour his servant in Wester Disblair. "Audit oxingait of the toune and lands of
Waster Disblair" to be occupied during the proprietor's will and pleasure. The
contract contains a full list of the stocking and plenishing handed over by the proprietor
to the tenant. The deed was dated 17 February 1602. Mr. Robert Paip, Advocate,
was one of the witnesses.

10. Renunciation. Gilbert Clube, burgess of Abd. & Janet Crystie, his wife, in favor

of Wm. Moir, burgess of Abd. The consideration money was 2500 merks. The lands
which were declared to be redeemed were part " of the lands of the Hospitall of Sanct
Petir " lying in the Regality of the College of Auld Aberdeen. The west boundary
was the " Kingis Commound gait," the north the " lands callit the Beirsched pertening
heritablie to Andrew Keithe and the Tyillburne," while on the east they were bounded
by " the commound Linx of the said burght."

13. Renunciation. Isobell Dalgarno, only surviving child of Wm. Dalgarno of that

ilk and Isobell Meldrum, his first wife, in favor of Wm. Dalgarno of that ilk, her half
brother. The Lands of Craig of Garnastoun, Auldtoun of Garnastoun, Newtoun of
Garnastoun, Collismilne alias the Corne Milne of Garnastoun, Berrihilloks and Walk-
mylne of Garnastoun, fourth part lands of Tullimauld all in the parishes of Kingedward
and Turriff. The consideration money to be paid to Isobell Dalgarno was 840 merks,
besides her claim to any tocher or other claims still outstanding which her father had
against the late Meldrum of Iden, presumably the granter's maternal grandfather.

15. Nature of Action not disclosed. George Gordone in Tombrae and his curators v.

John Forbes in Boquhane. A diet of proof. Defender was reponed on payment of
expenses of Pursuers' witnesses and expenses of Court, and defences were ordered to be
lodged on June 23, but there is no further entry.

Decree for Rent, &c. Mr. Alexr. Leslie, parson of Rothes v. Andrew Smith in
Edingarah. Decree for 40 merks balance of rent of a pleuche of Edingarah, crop 1600.
21 merks 6sh 8d borrowed money. A dozen of capons price of the dozen 4osh. A
dozen of poultrie price of the dozen 2osh. A wedder 33/4, with 26/8 of expenses.

Cutting Green Wood. Wm. Gordone of Geicht v. Robert Cheyne at the Mill
of Auchry, Henry Kentie or Kemptie at the Mill of Gourdes, John Dovertie in
Archedlie, David Torrie at the Mill of Boquhandauchie, Andrew Marnoch at the
Wodheid of Fetterletter and others. Some defenders appeared and got a day fixed for
giving in defences. Others did not appear. There is no further entry.

21. Decree of Removing. George Chalmer in Nothe v. Alexr. Barroun, George

Barroun and Andrew Urry (? Torry) all in New Nothe. The Pursuer was principal
tacksman of the subjects, of which the Defenders were occupants, in virtue of an eight
years' lease granted by the Marquis of Huntly in favor of him and his wife, Barbara
Sempill, dated 20 Jany. 1603.

40

Diet Books : Vol. VIE., Part L, Contents

1603.

June 21. Decree of Removing. John Forbes of Petsligo z>. a number of tenants. The

protocol book of Mr. Andrew Clark, the Pursuer's Procurator, was produced, containing
Sasine of the Barony of Petsligo dated 13 February 1593-4.

Decree of Removing. Wm. Forbes of Monymusk z>. Wm. Angous in Inver
and George Angous his subtenant and George & Robert Rothe there. The Pursuer's
Sasine was produced, dated 28 July 1593- The subjects were part of the lands of
Inver in the parish of Monymusk.

22. Removing and Arrears of Rent. Alexr. Annand of Ochterellon &. Thomas and
Alexr. Pirie in Mill of Ochterellon. Pursuer's Sasine dated 5 May 1603. Notary Mr.
Wm. Anderson, Sheriff Clerk.

Decree of Removing. Robert, Commendator of Monymusk v. Wm. Touche &
Wm. Gareoche in Carnnaveren Awfurde. The Defenders consented to decree of
removing.

23. Removing. Alexander, Lord Fywie v. Janet Cuming, widow of Alexr. Burnat in
Contlay, Alexr. , James and Meriorie Burnat, her children, and Patrick Jak in Bainshill.
The Defenders were occupiers respectively of Overcontlay and Bainshill. The Pursuer
had the gift of the ward and non-entries of the Barony of " Cultar-Cumyng " in Peter-
culter. June 29 assigned for defences.

Spuilzie. Wm. Irving, elder in Hoill-mill v. Alexr. Chalmer, son of the late
Alexr. Chalmer of Cults and Jeane Lumsden, his widow. " Ane quhyt meir, ane blak
meir and ane braikit steir " were claimed.

Removing. George, Earl Merschell v. Wm. Murray in Mintlay. The case had
been remitted to probation; but at this diet the Defender produced "ane emergent
defence " and gave his oath to it, upon which answers were ordered for next day.

Decree of Removing. Francis Cheyne of Cragitarves v. John Cormak in
Calsiecroft. The croft was on the lands of Craigie, of which the Pursuer was owner.
Sasine dated 30 March 1586-7. The Defender alleged a verbal promise of a liferent
tenancy, but the Pursuer denied this on oath.

Decree of Removing. Robert Keyth in Ardmaucher v. Wm. Gall and Alexr.
Andersone in Ardmaucher. The Defenders occupied a fourth and an eighteenth of
Ardmaucher in Deir. Pursuer's Sasine dated 3 Octr. 1602.

Illustrative Examples taken from Vol. VHI, of Diet Books, Part L

Proceedings relating to Occupancy of Land

I. — ABSTRACTED MULTURES

(4 May 1603)

The said day in the terme assignit to Hew Hebburne in Pervynneis
to gif the declaratour of his aythe and to cum and bring with him Elspet
Hervie his spous and gif hir aythe & declaratour thairof siclyk In the
actione & caus perseuit be Alexr Gordone at Kethakismiln Compeirit
the perseuer with Mr Alexr Irving his procuratour and desyrit the dyat
to be satisfeit, Ex aduerso compeirit the said Elspet & being suorne
Deponit that umquhill Eduard Drwme hir husband deceist at the feist of
Michealmes or thairby 1597 yeiris quhilk yeiris cornis fell under executrie
& was mellit with be the executouris of the said umquhill Eduard, and
as for the remanent yeiris the persewar resauit just multur for the haill
cornis that grew upone the ground and suld haue cum to the mylne and
that scho abstractit nane the yeiris libellit the seid & teynd being deducit
quhilk was frie, And the said Hew now hir spous deponit that he mareit
the said Elspett in the yeir of God 1600 yeiris eftir the sawing of the beir
seid, and knawis nathing of the abstractit multurs the yeir preceiding and
as for the croptis 1600 and 1601 yeirs Deponit the seid & teynd being
deducit that he abstractit nane of his cornis beir nor aittis fra the
persewars miln that was subiect thairto in onywayis or that thollit fyre
and watter within the ground. In respect of the quhilk depositionis [the
Sheriff depute assoilzied the Defenders from the Pursuer's claim].

II. — THE CUSTOM OF NEIGHBOURHOOD

(4 May 1603)

The said day in the actione & caus of byrwne dewateis perseuit at
the instance of Mr Johne Arthour ane of the Comissaries of Edinburgh
assignay lauchfullie constitute be Robert Arthour off Kingiswalls aganis
Gilbert Young in Kyngiswallis for ten bolls wictuall [&c. &c. &c.] for the
said Gilbertis occupatione of four oxingait lands of the Overtoune of
Kingiswallis lyand within the Fredome & Shrefdome of Abd. of the cropt
& yeir of God 1597 yeirs as in the persewaris libell raisit thairanent at
mair lenthe is contenit Compeirit James Dauidsone procuratour for the
persewar and producit ane summondis deulie execute & indorsate to this

42

Diet Books: Vol. Vffl., Part L, Illustrative Examples

day aganis the said Gilbert to heir & sie the said Robert Arthour gif the
declaratour of his aithe of veritie upone the peremptour exceptione
proponit be the said Gilbert & admitit to his probatione in the said caus
quhilk he referrit to the said Robertis aithe of veritie beirand in effect
that gif ony sic set was as is libellit that was upon speciall conditione
that the said Robert suld find sufficient nichtbourheid in plewching to the
said Gilbert the yeir libellit utherwayis he suld haue bene frie, and that it
is trew that he fand na nichtbourheid quhairthrow the land lay waist that
haill yeir onlabourit, and according to the said summondis desyrit the
Shref to caus the said Robert gif the declaratour of his aithe and to
pronunce decreit condampnatour conforme thairto And the said Robert
being present at the bar Deponit that he promeist nichtbourtie according
to the said exceptione and that the defender refuisit the same saying my
oxin was onie stark aganis his & that he wald caus his simple beistis do
his turne quhilk was bot ane four oxingait land : In respect of the quhilk
depositione the Shref fand that the said Gilbert hes succumbit in the
probatioune of the peremptour exceptioun as the same was proponit,
And thairfoir Decernit and Ordanit him To pay and delyuir to the said
Complener assignay forsaid the said ten bolls wictuall thairof ten firlottis
beir & the rest meill price of the boll beir ten lib price of the boll meill
aucht lib nyne pultrie price of the pece thrie sh. iiijd xl laid of peitts
price of the laid tua sh. ane stane tallou price thairof fywe marks, and
fywe marks money and that for the said Gilberts occupatione of the said
four oxgait lands of Kyngiswalls for the said cropt & yeir of God 1597
yeirs. And ordanit preceptis to be direct [&c. &c.]

III. — CONTRACT OF STEILBOW OR STEELBOW1

(9 June 1603)

The said day In presens of ane honourabill man Johne Gordone of
Boigis Shref deput of Abd Compeirit personallie Mr Williame Chalmer
procuratour for Johne Chalmer of Balbithane and Thomas Arthour
pairteis contractours within writtin and gaif in the contract efter specifeit,
and desyrit the same to be insert and registrat in the Shreff Judicial!
Buiks of Abd To the effect that executione may follou thairupone
according to the tenour of the same, quhilk desyre the Shreff thocht
ressonable and ordanit the said contract to be insert & registrat in the

I The Editor has used the name by which this Contract has commonly been known ; but it
is not the name used by the lawyers who drew up this particular Contract of letting. They
adopted the designation "Teilbow," and it can hardly be assumed that they did so per incuriam
or without due deliberation, or that in what is evidently a careful transcription the same clerical
error should occur twice. Tillage-goods would not be an unnatural rendering of "Teilbow,"
and would also express the inwardness of the transaction.

43

Aberdeenshire Sheriff Court:

saids bulks, and executorialls direct thairupone at ayther of the saids
pairteis instances for fulfilling of the heids of the said contract ilk ane to
utheris and moneist the saids persones in the persone of the said Mr Wa
thair procuratour to observe and keip the said contract heids poynts and
claussis thairof hinc inde to utheris under the panes thairin contenit, Of
the quhilk contract the tenour follows. —

Att Abirdene the sewinteine day of Febr the yeir of God ane
thousand sex hundrethe & tua yeiris. It is appoynted contractit fayth-
fullie obleist agreit & endit betuixt ane honourabill man Johne Chalmer
of Balbithane on the ane pairt and Thomas Arthour his servand in
Waster Disblair on the uther pairt in maner forme & effect following.
That is to say the said Johne Chalmer hes enterit and be thir presents
enteris the said Thomas In and to aucht oxingait of the said towne and
lands of Waster Disblair with the pertinents lyand within the Regalitie
of Lundoris Baronie of Fintray and Shrefdome of Abd as greif and
servand to him thairof To be occupeit joisit and possessit be the said
Thomas as servand forsaid during the said Johnis will and plessour And
siclyk the said Johne hes presentlie delyuerit be ane Sties1 to the said
Thomas sevvin oxin thrie ky thrie horssis ane meir four yowis tua hoggis
with the oxin pleuche, pleuche geir, harrowis curraks creills, cruik
saiddels spadds, fiftie four bollis aitts with the fodder, ane meit burde
traistis and formes, ane almerie ane auld lang sadill bedd ane weschell
bink, tua standing bedds ane wairstaw, ane girnall, tua irne pottis, tua
brasin pannis, sex peutir plaitts fywe truncheors of peutir tua kists with
tua lytill rvvks of beir estimat to tuelf bolls beir with the fodder. To be
keipit in teilbow be the said Thomas to the said Johne for labouring of
the saids lands. Of the quhilk beir thair is ten bolls ten peks to be
presentlie intrometit with be the said Johne for the ferme beir of the said
aucht oxgait landis of the last cropt in Anno 1601 yeiris, And the said
Thomas declairis that it is and sal be in the said Johnis awin will at his
plessour but perrell of law, actioune of evectioune, spoylzie, intrusioune
or uthir actioune quhatsumewir quhilk the said Thomas now as than and
than as now renuncis to mell & intromet with ye said aucht oxingait
lands guidis and geir forsaid, and sa lang as the said Johne tollerattis the
said Thomas to occupie the saids lands and bruik the saids guids To
pay and delyver to the said Johne yeirlie twentie bolls sufficient ait meill
rin met and ten bolls beir with ane pek to ilk boll thairof, sex caponis
tuelf pultrie, ane wedder, sex elm's custome lyning and ane pleuchis pairt
of peittis yeirlie at the termes usit & vont And as concerning the guids
and geir gewin in teilbow as said is, the same ar lauchfullie compryisit be
Johne Gilgour and Alexr Chalmer messingeris and Thomas Chalmer

I The Editor has been unable to find a meaning for this word. If it is a contraction, it
might be the latter part of the word "Traistis," a roll or catalogue. [Vide p. 15 Supra.']

44

Diet Books: Vol. Vffl*, Part L, Illustrative Examples

officier to the said Johne and of the said pryces and according thairto
resauit by the said Thomas Arthour To be restorit as thay be requeirit
equivalent thairto all fraud & gyill secludit, And for sure observing of the
premissis the saidis pairteis ar content & consentis that thir presentis be
insert & registrat in the buiks of Counsall Comissar or Shreff Court buiks
of Abd to have the strenth of ane confessit act and judicial decreit with
executorialls of poynding and horning the ane but preuidice of the uther
to pas thairon one ane singill charge of sex dayis And to that effect
constituts Mr Wa Chalmer & ilk ane of thame thair lauchfull procuratours
To consent heirto promitten de rato &ca In faithe and witness quhairof
the saids pairteis hes subscryvit thir presents with thair hands The body
quhairof is writtin be Mr Wm Chalmer notar publict in Abd day yeir
and place forsaids, befor witnessis Alexr Moutray burges of Abirdcin
Mr Robert Paip Advocat, Mr Henry Buchane burges of the forsaid burgh
and Ardy (Archibald) Lams thair Sic Subr Johne Chalmer of Balbithane,
Thomas Arthour forsaid with my hand at the pen led be the notars
underwrittin at my command becaus I culd nocht wreit Ita est Magister
Guilielmus Chalmer notarius publicus de speciali mandato dicti Thome
scribere nescientis ut asseruit rogatus et requisitus. Ita est Gilbertus
Thomsone conotarius publicus in premissis de speciali mandato dicti
Thome scribere nescientis ut asseruit rogatus et requisitus. Mr. Robert
Paip witnes Maister Henrie Buchane witnes Ardy Learns witnes
Alexander Mowtray witnes.

Criminal Proceedings

I.

(16 March 1603)

The said day in the terme assignit to James Hervie sone to Andrew
Hervie of Elrik to entir & present Bartholl Leslie in Cheppiltoune Wm
Leslie sone to Patk Leslie Alexr Hervy brother to the said Andrew
Johne Home in Cheppiltoune Johne Davidsone sone to Johne Davidsone
in Cheppiltoune Henrie Leang thair Wm Forbes thair Johne Lidding-
hame thair, Wm Gib thair Johne Gray thair and Johne Browster thair
To underly the law for the hurting wounding and blude drawing of
Patrick Leslie of that ilk, George Leslie his sone & George Wode his
seruitor, Compeirit the said James and enterit the said Bartholl Leslie
Wm Leslie & Alexr Hervie upone pannall and protestit he be frie of his
cautionarie & the Shref dispensit with the rest of the said defenderis
nocht compeirand in respect the pairtie past fra thame, Ex aduerso
compeirit Mr Wm Barclay Procuratour fiscall with the said Patk Leslie
and his said sone and producit ane summondis deulie execute & indorsate
to this day aganis the saids defenders To underly the law for the caussis
foirsaids, and the defenderis under protestatione nocht confessand ony of

45

Aberdeenshire Sheriff Court:

the crymes contenit in the said libell, Thay declairit thay wald nocht
kyithe in jugement aganis the Laird of Leslie nor his sone, hot being sa
leist of blude to him as thay war with all humilitie & reuerence wald
submit thame selfis & all actionis ciuil & criminall to the Laird of Leslie
his awin will and jugement, lyk as on the uther pairt the said Patrick
Leslie of that ilk and George Leslie his sone acceptit the offer in quantum,
and becaus it wald seme sclanderous to him to accept the jugementis of
the saids actionis upone himself beand his awin particularis, The said
Patrik and George referrit the decisione of the saids actionis bayth ciuil
& criminall to the decisione of Patrick Lord of Lundoris, Johne Leslie of
Balquhane Jon Leslie of Wardres Patrick Leslie of Kincragie Jon Keyth
of Ravynscrage Wm Udnie of that ilk Johne Leyth of Harthill Johne
Leslie of Petcaple and Johne Chalmer of Balbithane or ony four of thame
agreand in ane voce the said Lord of Lundoris and the said Johne Leslie
of Balquhane beand tua of thame lyk as the said Bartholl and his colligs
foirsaids ar content and consents that the said amicable compositours in
numer & in maner foirsaid be juges to cognosce upone ony actionis ciuil
& criminall ather of thame may laye to the said Patk and his said sonis
charge or that ather of thame may lay to utheris chargis for ony caussis
bygane, and the saids pairteis hinc inde obleissis thame to convene with
thair saids freinds or ony four of thame betuixt & the last day of Apryill
nixt to cum at the Cheppil of Gareoche, thair to subscryue ane designit
blaynk to the effect foirsaid, withe power to the freinds conveneand at
the said Cheppil Gareoche to prorogat the said submissione as neid beis
in caice off absence of the said Lord of Lundoris, and during that ilk
tyme all actionis to ceiss betuixt the saidis pairteis, and interea bayth
the saids pairteis assuiris utheris that nather of thame sail invade utheris
be ony kind of hostilitie or invasione under the pane of peruirie & infamie
and utheris panes contenit in the Actis of Parliament, To the quhilk the
Shref foirsaid interponit his auctoritie and ordanit the said Bartholl
Williame & Alexr to set caution for thair reentrie agane to the secund
day of the Heid Pasche Court nixt to cum to underly the law for the
cryme forsaid sa far as the actione may concerne the Kings Maiesty. In
quhais name Mr Wm Barclay Procuratour-fiscall protestit that the
submissioune of the pairteis preiudge nocht his Grace, and the saids
pairteis of thair awin consent renuncit all uther jugement and jurisdic-
tione for the kingis pairt except the jurisdictione of the Shref of Abd.
and his deputs, and the said Bartholl Wm and Alexander set & fand the
said James Hervie of new agane cautioune for thair entrie under the
panes contenit in the Actis of Parliament to the said secund day of the
Heid Pasche court nixt and the saids pairteis obleist thame to releif thair

(This case does not appear again in the Diet Book Vol. VIII., but it crops up in the Rough
Diet Book, Vol. VII., under date 4 May.) ( Vide Siipra p. 15).

Diet Books: Vol. VIII., Part L, Illustrative Examples

cautioner of the premissis quhairon the saids persones hinc inde tuik act
of Court & Instrument.

II.

(Palme Sounday Ewin 16 Apl. 1603)

The said dey George Turing Jonet Strqn Henrie Russall & Thomas
Burnat alias Nicoll was pannallit & accusit for certane crymes of
thift & recept of thift airt & pairt of the same quha being put to the tryell
of certane persones of Assyis summondit to this day to that effect, be the
mouthe of Thomas Cuming burges of Abd thair chanceller, Convictit the
said Isobell [sic] Straqn upone the secunde artickle for being airt & pairt
with her umquhill father & mothers factis & deids, Convictit the said
George Turing upone the sext artickle for the braking of the hous of
Dumbenan, Convictis the said George Jonet Henrie & Thomas of the
nynt artickle for the braking of ane hous in the Ord Convictis the said
Thomas Burnet of the sewint artickle for steilling of Isobell Cullanis
gowne Convictis George Turing upone the aucht artickle for the braking
of Alexr. Setownis hous of Ardconnan, Convictis George Turing upone
the xiij artickle for the steilling of Niniane Setownis geiss Convictis
Henrie Russall Thomas Burnet & George Tureing for the cuming to haue
brokin umquhill Duncane Russalls hous Convicts the said Thomas
Burnet upone the xv artickle for the braking of Andro Burnetis hous in
Badyvin Convictis the said Thomas upone the xvj artickle for the
braking of the hous of Monymusk Convictis George Tureing upon the
xviij artickle for the steilling of Ronald Cheynis buittis & Convictis the
saids haill four persones as commoun theiffis be oppin voce & commoun
fame. And thairfor the Shref ordanit the saids George Turing Henrie
Russall and Thomas Burnat to be tane to the Gallowhill & thair to be
hangit quhill thay be deid & the said Jonet Straqn to be tane & scurgit
throche the toun & perpetuallie baneist furth of thir Shrefdome & nevir
to be sein within the same with certificatioun in caice sho contraveine to
be drownit without forder doome or law, quhilk was gewin for doome be
the mouthe of Hutcheon Ross dempster.

III.

(28 April 1603)

The said dey Andrew Hay quha allegit himself to be borne in
Bownis was tane & apprehendit for the stricking upe of Isobell Reid
spous to Richard Moir Wricht her hous & thifteous steilling furthe thairof
upone the xxvij day of Apryill instant of tua peks meill, ane pair new
shone with ane pair of tueidlein sheitts quhilk he confessit, In respect of
the quhilk he was ordanit to be baneist with his awin consent & scurgit
throw the toun & neuir to be seine within the Srefdome of Abd. and in

47

Aberdeenshire Sheriff Court

caice he be appreh'endit or sein within the same to be tane & hangit
without forder doome or law quhilk was gewin for doome be the mouthe
of Andrew Canzeoche dempster

IV.

(5 May 1603)

The said day Meriorie Burne Dochter to umquhill Johne Burne in
Fechil was convicit be ane assyis for thifteous steilling fra James Wode
in Wodland the soume of Ten lib monie in Apryill last quhilk sho con-
fessit, and thairfor the Shref ordanit her to be scurgit throche the toun
and perpetuallie baneist and exiyiliit this Shrefdomeof Abd. and in caice
sho be sene or apprehendit heireftir within the same to be tane & drownit
without ony forder law or doome quhilk was gewin for doome be the
mouthe of Hutcheon Ross dempster

48

Table of Contents of Vol. Vffi. of Diet Books. Part IL

1600.

May 10. Special Service (Inq. Spec. Abd. No. 68). John Davidsone, heir of provision to

John Davidsone, sometime in Wester Fintray, his uncle. Mill of Petcapill, Mill Lands,
with the multures and sequels in the Barony of Petcapill. Held blench of Duncan Leslie
of Petcapill. In non-entry since death of ancestor on II June 1599.

1601.

Jany. 13. Special Service. John Leyth to Patrick Leyth of Harthill, his father. The

Daache of Tulloche with pertinents in the Parish of Monymusk and Regality of St.
Andrews, in special warrandice of the parsonage and vicarage of the Parish Church of
Oyne. Held blench of the Marquis of Huntly. The values are not filled in. In non-
entry since death of ancestor on 26 August 1597.

May 30. Special Service (Inq. Spec. Abd. No. 76). Mr. Wm. Gordoune to Alexr. Gor-

doune of Abirzeldie, his immediately elder brother. The Barony of Abirzeldie, including
the Lands of Abirzeldie, Eistoune and Glencalladeyr. Held of the Crown in ward and
relief. In hands of the Crown since death of ancestor on 3 January 1601.

April 22. Curatory. Barbara Gordoune, second lawful daughter of the late Sir John Gor-

doune, of Pitlurge, knight, John Gordoune of Pitlurge, Mr. Robert Gordoune, his
brother german, John Gordoune of Auchannachie, John Gordoune, his son, Abraham
Forbes of Blacktoune and James Forbes of Lethintie were called as next of kin on
the father and mother's sides ; but none appeared except Abraham Forbes, who was
chosen, finding George Ogilvie of Auchanny as his cautioner.

June 2. General Service. John Allardes in Auld Abd., sister's son and heir of Alexr. Hay,

burgess of Abd.

General Service. Patrick Bisset to Margaret Bisset, his mother.

3. General Service. Peter Davidsone to Jasper Stewart in Kennertie, his immed-

iately elder brother.

13. Tutory. Win. Keyth, elder, Wm. Keyth, younger, and Margaret Keyth, "naturall

bairnis " to the late Sir Wm. Keyth of Dclneis, knight. Alexr. Keyth of Carnes
presented gift of the office under the great Seal, dated at Falkland 12 June 1599, gave
his oath defideli and found John Keyth of Rawinscraig as his cautioner.

July 31. Special Service. Mr. Wm. Gordoune of Abirzeldie to Alexr. Gordoune of Abir-

zeldie, his father. Balblair, Midmar, Kynnarnie, Corssfield, Bethlyne in the Parish of
Midmar. Old value 4 merks. Present value 1 6 merks. Held blench of the Marquis
of Huntly. In the hands of Janet Irving, mother of the heir, as conjunct fiar since the
death of the ancestor on 23 January 1601. Reserving the liferents of the said Janet
Irving and of Margaret Macintoshe, widow of Alexr. Gordoune of Abirzeldie, the heir's
elder brother.

G 49

Aberdeenshire Sheriff Court:

1601.

May 29. Curatory. George Leslie of Auld Craig, son of the late Mr. Robert Leslie of

Auld Craig. Duncan Leslie of Petcappill, John Gordon of Auchannachie, Mr. Robert
Elphinstoune, Tutor of Glak, Andrew Meldrum of Drumbrek, and Thomas Meldrum
of Camalynes, then in Creichnaleid, were called as next of kin. The minor chose Mr.
George Abercrombie, Commissary of Aberdeen, James Leslie of Mylnetoune of Dur-
noche, Mr. William Leslie of Warthill, Mr. William Andersone, Sheriff Clerk of
Aberdeen, Duncan Leslie of Petcapill and Patrick Leslie of Kincraigie or any three of
them. Of these Messrs. Abercrombie and Andersone, James Leslie and Mr. Wm. Leslie
accepted office.

Augt. 22. Special Service1 (Inq. Spec. Abd. No. 78). Alexr. Annand of Ochterellone to

Alexr. Annand of Ochterellone, his father. Wester and Easter Ochterellone and others
in Barony of the same, held blench of the Earl of Crawford. Ower Mandurnoch in
Regality of Abirbrothok, held in feu farm, formerly of the Abbot or Commendator and
Convent of Abirbrothok, and now of John, Marquis of Hamilton, Lord of Abirbrothok.
In non-entry since death of ancestor on 17 July 1601. Margaret Fraser, his widow,
who survived him, was conjunct fiar of Mandurnoch. There was also reserved to her
the liferent of Easter Ochterellone.

Octr. 6. Revocation. John Leslie of Wardes, stating himself to be between 20 and 21

years of age, revoked deeds granted to his hurt during his minority, and specially (i)
A Contract for the disposition to George Earl Merschell of the Over and Nether Dauchs
of Kintore and Mill and Mill lands thereof. (2) A Contract on the disposition of the
lands of Brigend and for a Set and Allocation of the lands of Mylntoune of Durnoch to
his uncle, James Leslie.

Deer. 15. Special Service.1 William Watsone, son of Alexander Watsone. The Croft of

Brigend with houses and buildings, formerly occupied by Matthew Dempster and David
Shand, in the Barony of Auchterless-Dempster. Held of Thomas Dempster of Auch-
terless in feu farm for payment of £4. and also of 6sh for 6 capons and 3sh for 6
"pultrie." Alexr. Watsone died in April 1588.

19. Revocation. Alexr. Gordoun, son and heir of the late George Gordoun, sometime

of Tulloche, revoked specially (i) an Assedation made by him to Alexr. Cruikschank,
burgess of Abd., of his " Northwest forland & gardein within the haugh " on the east
side of the Gallowgate. (2) a Disposition of his inland yard and pertinents in the
" Gastraw " betwixt the land of Mr. John Cheyne of Petfichie on the South, and the
land of Alexr. Rutherford on the North. (3) the Assedation made to Jamesones

of his lands of Tulloche, within the Freedom of Aberdeen. A general revocation is
added.

24. Revocation. George Leslie, eldest son of the late Mr. Robert Leslie of Auld Craig,

revoked specially (i) an Alienation made by his father, Mr. Robert Leslie, with his
consent, to Duncan Leslie of Pitcapill, of the Kirktoune of Daviot, Brewcroft, &c. (2)
a Contract of Excambion between his father, with his consent, and the said Duncan
Leslie, of the third part lands of Rothmais and Keltiswall, for the lands of Rossewat
and Mill of Pitcapill, &c. Also a general revocation.

i This service is recorded out of date in the original, being entered among the services
of 1607.

5°

Diet Books: VoL VIE., Part H, Contents

1602.

Jany. 31. Service — Tutory. John Forbes, son of John Forbes of Ardmurdo. Mr. Alexr.

Forbes, Rector of Fettercarne, uncle on the father's side appointed in terms of findings
of the jury.

Special Service (Inq. Spec. Abd. No. 81). Marjorie Duncane, one of the three
daughters of Jas. Duncan of Merdrum. Balschynnie and Balnakellie, in the parish of
Leochel. Corbanchorie in the Barony of Cushnie. Morthlik with its Mill, in warran-
dice of Corbanchorie. Kirktoun of " Leocheall," Shadow half of Wester Fowlis,
Craigmylne with its mill &c. in the parish of " Locheall," Ower Menmoir, Nethar
Menmoir with its croft, &c. The sunny half of Mill of Carneculie, Burnend of Carne-
culie, in Cushnie, Owertowies with croft called Lonesyd and Cowfurd in the Barony of
Towie. Owerboigis with the ward beneath the bog of Moinrie, Merdrum in the Barony
of Strathbogie. Balchynnie and Balnakellie held blench of John Lumisden of Cushnie.
Corbanchorie and Morthlik held blench of John Forbes of Tollies. Kirktoune of
" Lochell," shadow half of Wester Foulls, Craigmylne held blench of Alexr. Gordoun
of Baldornie. Over and Nether Menmoirs, Milne of Carneculie and Burnend held
blench of Arthur Forbes of Carneculie. Overtowies with Lonsyd and Cowfurd held
blench of John Forbes of Towies. Ower boigis held blench of William Gordoune of
Auchindoir. Merdrum held of the Marquis of Huntly in feu farm for payment of 4O/-
In non-entry since death of James Duncane in November 1601. The liferent of Janet
Lumisden the widow was reserved.

Febry. 3. Service — Terce. Janet Lumisden, widow of James Duncane. Her terce of

foregoing lands.

23. Special Service. Robert Tumour to John Tumour, portioner of Kinmonatie,

his grandfather. Half the town of Kinmonatie, sometime occupied by the deceased
and Grisel Roise, his wife, and Duncan Durvart, respectively in the Shire of Erase.
With pasture in the forest of Erase and Glenawyne and half the commonly of Glencat.
Formerly held of the Bishop of Aberdeen, then of the Crown in feu farm for payment
°f £3) witn duplicand on the entry of heirs. In non-entry since death of ancestor in
July 1594-

General Service. Robert Tumour to John Tumour, portioner of Kinmonatie,
his grandfather.

March 27. Special Service. Robert Alshoner to Alexr. Alshoner, his uncle. 2\ ploughs =

20 oxengait of Haltoun of Baheluies in the Barony of Baheluie. Old value IO/-
Present value 4O/- Held blench of Lord Glames. In hands of Isobell Rae, widow of
Alexr. Alshoner, in conjunct fee since his death in December 1601. Reserving the
widow's rights.

Special Service (Ing. Spec. Abd. No. 82). Andrew Leslie to Wm. Leslie, son
of John Leslie of Bannachie, his brother. The Church lands of Logiedurnocht, &c. in
the parish of the same. Held of the Crown in feu farm for payment of 4 merks, 6/8.
In non-entry since death of John Leslie in April 1595.

51

Aberdeenshire Sheriff Court:

1602.

April 13. Special Service (Inq. Spec. Abd. No. 83). John Leslie of Wardes to John

Leslie of Cultis, his father. The Lands of Cultis in the Regality of the Gareoche.
Held of Patrick Leslie of that Ilk for service of ward and relief. In hands of Agnes
Crichtoune, his widow, as conjunct fiar, since her husband's death in October 1587-
Widow's rights reserved.

Special Service. James Bannerman to Alexander Bannerman, his father. Half
Lands of Asleid in Barony of Kellie. Held of John, Earl of Mar in feu farm for
payment of .£8. In non-entry since death of ancestor on 3 January 1602.

Special Service (Inq. Spec. Abd. No. 84). Sir Thomas Gordoun of Clunye, Knt.
to John Gordoun of Clunye, his father. The Towns and Crofts called the lands of the
Forest of Bras, viz. : Knokieknow vulgo the Langledrik, the Spittell, Glencat and
Achabrek in the Shire of Bras. Held formerly of the Bishop of Aberdeen, afterwards
. by act of annexation of the Crown for payment of ^10 for the old duty, with an
augmentation of 3/4. In non-entry since death of ancestor in June 1586.

May 5. Special Service. Robert Hunter and Marjorie Reid, as co-heirs of Robert Reid

of Annatis. Shadow pleugh of Dursaill in the parish of Aufurd. The lands of Annatis
with mill, &c. Tomads, Tornavein, Barslasie in the parish of Kincardyne O'Neill.
Dursail held in feu farm from Alexander Calder of Asloune for payment of 26/8.
Annatis held of John, Lord Forbes in feu farm for payment of 26/- All the lands in
non-entry since death of ancestor in January 1602.

ii. Special Service ([nq. Spec. Abd. No. 85). George Leslie to Mr. Robert Leslie

of Auld Craig, his father. Lands of Auld Craig in Daviot. Formerly held of the
Bishop of Aberdeen but annexed to the Crown, in feu farm for payment of ^4 of rent
I7/- for grassum. 5 Chalders of £8 p. chalder. 24 capons or 8/- per

dozen. 24 poultrie or 4/- per dozen. 6/8 for services. 3/4 of augmentation. Dupli-
cand of £,$ io/- on entry of heirs. In non-entry since death of ancestor in September
1600.

25. Curatory. James Crichtone of Condlayne. There were called James Crichtone,

servitor to Sir James Crichtone of Frendraucht, William Crichtone at New Mylne of
Boyne, the said Sir James Crichtone, Alexr. Innes in Slaawche and Robert Innes in
Elrik ; but only the last named appeared and offered himself as Curator. John Leslie
of Duncanstoune and Robert Spence in Cultis were however chosen, for whom George
Crichtone of Perdarge was cautioner.

21. General Service. Alexr. Keyth to George Keyth in Biffie, his father. The wife

of George and mother of Alexr. Keyth was Isobell Kennedie.

June 9. Service — Terce. Katherine Stewart, widow of Robert Reid in Annats. Her

third of the shadow plough of the town and lands of Dursaill in the parish of Aufurd.

23. Special Service. John Keyth to Alexr. Keyth in Petmedden, his father. Sunny

third part of Mains of Petmedden with houses, buildings, &c. in the parish of Ellon.
Held blench of Sir Walter Ogilvie of Findlater, Knight. Old value io/- Present
value 4O/- In non-entry since death of ancestor on 5 April 1602.

52

Diet Books: Vol. VIIL, Part H, Contents

1602.

July 22. Revocation. Helen King, lawful daughter of Andrew King in Hilbray, revoked

generally all deeds granted in minority and specially alienations made to John King,
burgess of Abd. and James King, burgess of Danskeyne, either with consent of her
father, tutors or curators or without such consent, of "hir richt & tittill quhilk scho had
& hes to the guids geir merchandice dettis sowmes of money & uthers pgrteining to
umquhill Thomas King merchand travelland within the Kingdome of Poly her brother
germane and that micht fall and perteine be his deceis."

Special Service. Mr. Alexr. Barclay to Walter Barclay of Newtoune of Gareoch,
his brother. Kinnarochie and Fortrie with salmon fishing on the Ythan. Also half of
the Kirktoune of Drumblait, mill, &c. in the Barony of Barclay. All held of the Crown
for service of ward and relief. In hands of Katherine Forbes, widow of the deceased, as
conjunct fiar, since his death in April 1591. The widow with consent of her second
husband, William Ogilvie, agreed to the service ; but the right of property in
Kinnarochie and the salmon fishing was reserved to Alexr. Annand of Ochterellon.

Novr. 12. Service — Idiotrie. Mr. William Skeyne was found to be " incompos mentis fatuus

et naturaliter idiota." His brother, Robert Skeyne, was appointed to take charge of
his estate. Among the jurors were John Forbes of Towie, Wm. Straquhine of Glen-
kyndie, Alexr. Straquhine Yor. of Glenkyndie, Andrew Straquhine of Grigfardoch,
John Forbes of New, Alexr. Irving of Craigtoune, John Kinnair, servitor to Lord
Glamis, John Burnet of Sluy and Wm. Forbes of Pettewquhy and along with them a
number of burgesses. (Infra p. 64.)

Service — Terce. Margaret Mclntoshe, widow of Alexr. Gordoun of Abirzeldie.
Her terce of the Lands and Barony, reserving to Jonet Irving, the deceased's mother,
the terce which she already had.

18. General Service. George Leslie to his brother, John Leslie, who was eldest son

of Patrick Leslie of that Ilk.

Special Service (Ing. Spec. Abd. No. 88). George Barclay to Walter Barclay of
Newtoune, his brother. Kynnarochie and salmon fishing on the Ythan as described in
the service of Mr. Alexr. Barclay on 22 July (supra).

Deer. 22. General Service. Isobell Craigheid to John Craigheid in Fiddes, her brother.

1603.

March 4. Special Service (Inq. Spec. Abd. No. 90). Alexr. Irving of Drum to Alexr.

Irving of Drum, his father. This is the record of proceedings in a Court held by John
Gordone, the ordinary Sheriff depute and by Mr. Richard Irving and William Gray
late Baillies of Aberdeen, as Sheriffs depute of Aberdeen, Kincardine & Banff and
Baillies of the Regality of St. Andrews, Aberbrothok, Lindores and Torphichen, by
virtue of Royal Commission, dated I Deer. 1602. The date of the ancestor's death is
given as 9 June 1602.

July 19. General Service. George Stewine to Mr. James Stewine of Orchartoune, his

father.

53

Aberdeenshire Sheriff Court :

1603.

July 20. Special Service (Inq. Spec. Abd. No. 91). Wm. Dalgarno of that Ilk to Wm.

Dalgarno of that Ilk, his father. The Lands of Garnastoune and Crage. Auldtoun of
Garnastoune and % part of Tillimaid. Held of the Crown for service of ward and
relief. In non-entry since death of ancestor in September 1590. There was a reser-
vation of a liferent of part of the lands to Christiane Udnie, wife of Duncan Forbes of
Byth.

Octr. 4. Service — Tutory (Inq. Tut. No. 38). Walter, Gilbert, Mary, Margaret and

Isobell Gardyne, lawful children of Mr. Gilbert Gardyne of Bothis. Their paternal
uncle, Mr. Thomas Gardyne of Blairtoune, was served as Tutor.

15. Curatory. George Archbauld alias Leithe, son of David Archbauld alias Leithe.

There were called as nearest relatives on both sides, John Archbauld alias Leithe in
Auld Craige, John Archbauld alias Leithe younger in Petblair, James Leslie in Ryhill
and Alexr. Leslie in Warthill. The minor chose Mr. Wm. Leslie of Warthill, James
Leslie in Ryhill and Andrew Archbauld in or any two of them. Mr. Wm.

Leslie and Andrew Archbauld were present, accepted office and found Andrew Aber-
crombie at the Mill of as cautioner.

Novr. I. Curatory (incomplete). George Leslie, eldest lawful son to Patrick Leslie of that

Ilk. The next of kin called were John Leslie of Balquhane, John Leslie of Wardes,
Mr. Wm. Leslie of Warthill, Patrick Leslie of Kincraigie, Wm. Udnie of that Ilk, Sir
Patrick Barclay of Towie Knt., John Keyth of Ravinscraig. The minor chose the
whole of these or any four, of whom the lairds of Balquhane and Wardes must be two.

17. Curatory. Mr. William Cardnocht, lawful son of Thomas Cardnocht, sometime

in Boginejohne. The next of kin called were Mr. John Cardnocht, brother of the
minor, Edward Cardnocht servitor to "my ladie Balquhane," Patrick Smyth in Fraser-
burgh, Alexr. Cardnocht at the Kirktoune of Phillorth, John Urquhart of Culbo,
George Seatoune of Schethine, Mr. Alexr. Seatoune in Bomakellie, Alexr. Seatoune in
Aberdeen, Mr. James Roise, Minister there and Mr. Robt Paip, Advocate there.
There were chosen Mr. James Roise and Mr. Robert Paip, for whom Mr. John
Cardnocht, the minor's brother, became cautioner.

29. General Service. Patrick Forbes in Cloak to William Forbes, his brother.

General Service Refused. John, Lord Forbes, as heir general of the late Dame
Elizabeth Keythe, Lady Forbes. Mr. Andrew Clerk, Procurator for Lord Forbes,
having produced the Breif and petition for service, Mr. Robert Paip produced, as
Procurator for John Pattoun in Ferochye, letters of horning against Lord Forbes and
stopped the proceedings.

Deer. 20. Special Service. Alexander Smyth alias Chalmer in Ladiesfurd, as heir of

conquest to Alexr. Smyth alias Chalmer in Brigend of Tyrie, son of his paternal uncle.
Two crofts of land called Brigend of Ardlay and Cowburtie in the Barony of Phillorth.
Held of Sir Alexr. Fraser of Phillorth, Knight, in feu farm for payment of 4O/- In
non-entry since death of predecessor in October 1603. The conjunct fee of Isobel
Ranie, widow of the deceased was reserved.

General Service. John Smyth alias Chalmer in Dunlugus, to Alexr. Smyth alias
Chalmer in Brigend of Tyrie, son of his paternal uncle.

54

Diet Books: Vol. VIE., Part IL, Contents

1604.

Jany. 10. General Service. Wm. Cheyne to Gilbert Cheyne of Tilliburies, his father.

Feby. 18. Revocation. Mr. Thomas Johnstoune, grandson a'nd heir to the late Gilbert

Johnstoune, sometime of Standenstaines, made a general revocation of deeds granted in
minority and specially of an acquittance and discharge to his uncle, John Johnstoune, of
his intromissions as his tutor.

March 14. General Service. Matthew Lumisden to Alexr. Lumisden in Drumlasie, his

father.

April 17. Special Service (Inq. Spec. Abd. No. 93). George Meldrum, Senior of Ardfork,

as heir of entail to George Meldrum, Junior of Ardfork, his son. The shadow half of
Ardfork, &c. in Bathelnie. In non-entry since death of George Meldrum, junior, in
September 1603.

May 30. General Service. Robert Ferquharsone to George Ferquharsone of Deschour,

his father.

Octr. 2. Special Service (Inq. Spec. Abd. No. 95). James Skeene, as heir to Alexr.

Skeene of that Ilk, his father, The Lands and Barony of Skeene, &c. Held of the
Crown for service of ward and relief. The lands of Tillibraloch, Tillinahilt &c. held of
David, Earl of Crawford "pro servicio dimedii unius sagittarii in bello regis," and for
payment of a pair of gilt spurs yearly if asked. Reserving the liferent of Katherine
Stewart, his father's widow, of the sunny half of Auchlok, and to Margaret Skeene,
widow of the late Alexr. Skeene of Letter, her liferent of Letter, Brumhill, Newtoun,
half Auchlok and half of Tarriewall in warrandice. The predecessor died in July 1604.

Novr. 10. Curatory. William Keyth of Ludquharne. The next of kin called were George,

Earl Mershell, Robert Keyth of Benholme, John Keyth fear of Troup, Alexr. Keyth
of Balmuir, Nathaniel Keyth of Coclaw, Alexr. Keyth of Troup, Wm. Gordoune of
Gicht, Alexr. Keyth of Carnes, Wm. Leisk of that Ilk and Henry Gordoune of Dilspro.
The curators chosen were the Earl Mershell, Sir Alexr. Fraser of Fraserburgh, knight,
Robert Keyth of Benholme, Robert Arbuthnott of that ilk, James Gordoune, younger
of Lesmoir, Wm. Leslie of that Ilk, Ifarie Gordoune of Dilspro and Wm. Knox in
Creichie or any three of these, with Mr. Wm. Reid, Advocate in Aberdeen as Curator
ad lites. The lairds of Dilspro and Benholme were present, accepted office and became
security for each other.
1605.

Jany. 4. Service — Tutory. James and Margaret Davidsone, children of Alexr. Davidsone

in Kincardine O'Neill. James Davidsone, elder brother of Alexr. Davidsone, appointed
Tutor.

March 23. Special Service (Inq. Spec. Abd. No. 96). Patrick Leyth, as heir of Wm. Leyth

of Liklieheid, his father. Part of the lands of Auchlevin, Ardoyne, Harlaw and
Liklieheid in the Regality of the Gareoch and Barony of Bairnes. In non-entry since
death of ancestor on 25 June 1598.

Special Service. Marjorie Innes, as heir to Robert Innes at Mill of Dunnideer,
her father. Chappeltoun of Comalegie in the parish of Drumblait. Held of John
Lyone of Comalegie in feu for payment of 4<D/- In non-entry since death of ancestor in
June 1600.

55

Aberdeenshire Sheriff Court:

1605.

March 23. General Service. Alexr. Gordoune of Clunie to Sir Thomas Gordoune of Clunie,

his father.

Special Service. Alexr. Gordoune of Clunie to Sir Thomas Gordoune of Clunie,
his father. The towns and lands of Syid and Mill of the same and Peill thereof, with
the toll of the market called Trewll Fair. Ailhous croft of Syid and Arnebrig,
Erlisfield, Sygieden in the parish of Kinnethmont and Barony of Balquhane. Also
Kirkhill and pendicle called Moistoune. And in special warrandice of the foregoing,
the lands of Logiedurnocht, New mylne of Knokallachie, Newlands, Craigtowie,
Craigmylne and Nethertoun of Knokinblewis and others in the parishes of Logiedur-
nocht, Oyne, and Inverurie. The whole subjects held of the Crown in feu farm. In
non-entry since death of ancestor in December 1604.

May 29. Service — Terce. Johanna Douglas, widow of James Skeene of that Ilk. Her

terce of the lands and Barony of Skeene.

June 12. General Service. John Forbes, heir to John Forbes of Craigtoun, his father.

26. Curatory. Andrew Leslie, eldest lawful son of John Leslie in Boigs. The next

of kin called were John Leslie of Balquhane, Mr. Wm. Leslie of Civile his brother,
John Arbuthnot of Carnega and Wm. Arbuthnot his brother. John Leslie of Bal-
quhane, Mr. Wm. Leslie, John Gordoun of Bogis, John Arbuthnot and Wm. Arbuthnot
or any two of them were chosen, John Gordoun being one. He and John Arbuthnot
accepted office, took the oath defideli, and became cautioners each for the other.

July 13. Special Service (Inq. Spec. Abd. No. 98). David Knowis as heir to Alexr.

Knowis, burgess of Abd., his father. Salmon fishings of the Cruffis of Don. In non-
entry since death of ancestor in January 1587.

24. Revocation. William Andersone, eldest lawful son of Robert Andersone, made a

General Revocation, and also a Special Revocation of a contract between Wm.
Johnstoune elder in Inverurie and George Johnstoune, brother to John Johnstoune of
that Ilk, relating to the disposition of the third part Staines [? Stanners] of Inverurie.

Octr. i. Special Service. Arthur Forbes as heir to Alexr. Forbes of Carncowlie, his

father. An annual rent of 14 merks from the lands of Carnecowlie and Drumquhallie
in the Barony of Cushnie. The lands held blench of George Forbes, nephew and heir
of Alexr. Forbes of Auchintowll. Old value I2d. Present value 4/- In non-entry
since death of ancestor in October 1587.

Deer. 4. Service — Terce. Margaret Cruikshank, widow of William Bruce of Chappeltoune

of Essilmont. Her terce of the town and lands of Lochill of Colliestoune.

1606.

Feby. 8. Special Service (Inq. Spec. Abd. No. 99). George Gordoune of Gicht to Wm.

Gordoune of Gicht, his father. As heir male and of entail to Badichells, Ower and
Nether Murefundlands, Ower and Nether Swanfurd, Blachrye, Mackterrie and Mill of
Mackterrie in the Barony of Fyvie. William Gordoune died in October 1605.

General Service. George Gordoune of Gicht to Wm. Gordoune of Gicht, his
father.

56

Diet Books: Vol. VIIL, Part IL, Contents

1606.

March 13. Service — Tutory. Margaret Cheyne, lawful daughter of Alexr. Cheyne in

Bathelnie. William Cheyne in Essilmont, her paternal grandfather, appointed Tutor.

July 31. Special Service. George Leslie of Creichie, heir of conquest to Mr. Wm. Leslie
of Warthill, his immediately elder brother. The shadow half of Mekill Warthill in the
Regality of Gareauche held blench of John Leslie of Wardes. Old value 4O/- Present
value £8. Also a croft on the East side of the King's highway leading from Old
Aberdeen to the Bridge of Don, held of Peter, Bishop of Aberdeen in feu farm, for
payment of 2O/- Ancestor died in March 1606.
1607.
Feby. 27. General Service. John Knox to Win. Knox in Creichie, his father.

May 25. Service — Tutory. William, Marjorie, Janet and Egidia or Geils Keyth, lawful

children of George Keyth in Kindrocht. Mr. Samuel Keyth of Tullituthill and Joseph
Keyth in Auchtilair chosen Tutors.

March 3. General Service. Robert Gordoun to Patrick Gordoun of Tulloquhowdie, his

father.

17. General Service. John Forbes of Fichlie to James Forbes of Fichlie, his father.

April 22. Special Service. Isobell and Marjorie Cheyne to Alexr. Cheyne in Haltoun,

their brother. Two part lands of Grayis Fortrie, Meikle Mylne of Essilmont upon the
Ithan in the Barony of Essilmont. Two part of the multures of Taartie, Two part of
four bovates of Bourhill in the parishes of Ellon and Logiedurno respectively. Old
value 22/- Present value £4 8/- Also the third part of Chappeltoun of Essilmont in
the Barony of Essilmont. Old value li/- Present value 4<D/- Alexr. Cheyne died on
14 March. Various liferents were reserved.

26. Special Service (Inq. Spec. AbJ. No. 107). Alexr. Straquhan of Thornetoun to

Alexr. Straquhan of Thornetoun, his grandfather. Culquhorsie, Kirktoun of Echt,
Knokquharne, Hilsyd, &c. in Barony of Clunie. Held blench of the Marquis of
Huntly. The ancestor died in May 1601.

May 5. Special Service (Inq. Spec. Abd. No. 108). Alexr. Forbes of Towies to John

Forbes of Towies, his father. The Barony of Towies. Held of the Crown for service
of ward and relief. In non-entry since death of ancestor on 17 March 1603.

General Service. Wm. Keyth of Ludquharne, to Wm. Keyth of Ludquharne,
his grandfather.

General Service. John Bisset to Patrick Bisset of Lessindrum, his uncle. It
would appear that the ancestor died in the reign of Queen Mary.

20. General Service. Patrick Cheyne to Mr. Gilbert Cheyne of Crowie, his father.

July 1 8. Curatory. Andrew Thome, lawful son of Adam Thome in . The next

of kin called were Alexr. Thome in the Mylntoune of Crathis, Duncan Thome in Leyis,
Wm. Morisone, David Malcolme, John Irving, Mr. Robert Davidson, Advocate in Abd.
Mr. Robert Davidsone was chosen as Curator, for whom David Malcome became
cautioner.

22. General Service. John Forbes of Brux, to John Forbes of Brux, his grandfather.

» 57

Aberdeenshire Sheriff Court:

1607.

June 4. Service — Tutory. Janet Forbes, lawful daughter of Alexr. Forbes in Bred-

hauche. William Forbes, the pupil's uncle, was appointed Tutor.

General Service. Janet Forbes as heir to Alexr. Forbes in Bredhauche.

Octr. 6. Special Service (Inq. Spec. Abd. No. in). William Hay of Urie to John Hay

of Urie, his father. The Barony of Cremond, &c. Held of the Crown for service of
ward and relief. Wm. Hay died on 6 Febry. 1607.

7. Service — Terce. Agnes Innes, widow of James Crichtone of Condland and wife

of Alexr. Chalmer of Ramarrok. Her terce of Pardarge and Toux croft at the Church
of Forgue, and sunny half of Condland and shadow third of the same in the Barony of
Frendraucht.

Novr. 4. Special Service (Inq. Spec. Abd. No. 112). William Keyth of Ludquharne to

William Keyth of Ludquharne, his grandfather. Lands of Ludquharne in Barony of
Kellie, held of John. Earl of Mar. Balmuir and Myrsyd in Barony of Balmuir held of
John, Earl Marischal. Glebe of the Church of Fettirangus held of the vicars of the
Church. In non-entry since death of ancestor in the end of July 1604.

Special Service (Inq. Spec. Abd. No. 113). William Keyth of Ludquharne, to
William Keyth of Ludquharne, his grandfather. The dominical lands of Essilmont,
held of the Crown for service of ward and relief. The rights of the heirs of Wm. Mar,
burgess of Abd. and Mr. Alexr. Cullane, burgess there, and of Ladies Helenor Bruce
and Helen Cheyne not to be prejudiced.

Deer. 2. General Service. Patrick Bisset, burgess of Abd. to Margaret Bisset, his mother.

1 6. Special Service. Marjorie Spens, Matilda Spens, Isobell Spens, three of the

four co-heiresses to Alexr. Spens at Mill of Knokinbaird, their uncle. Mill of Knokin-
baird and croft adjacent. The lands of Auldtoun, on the east side of the road leading
to Wranghame. The lands of Henrieshauch and the Dammis otherwise called the
Haughs, with teinds, &c. with privilege of an inn and brewhouse. Held blench of
John Leslie of Wardes. Old value 2O/- Present value ^4. In non-entry since Alexr.
Spens died, in January 1593-4. The rights of Bessie Spens, a fourth sister, were not to
be prejudiced.

19. Special Service (Inq. Spec. Abd. No. 114). Alexr. Cuming of Culter to Alexr.

Cuming of Culter, his father. Baronies of Tilliboy and Culter, &c. Held of the Crown
as free baronies for service of ward and relief. The Barony of Tilliboy was held by
Helen Wood, widow of the ancestor, in conjunct fee, and the Barony of Culter, of old
called Culter de Ardbeik, in the hands of the Crown by reason of ward, from the death
of the ancestor in March 1603 to November 1607, and by reason of non-entry until this
date. Without prejudice to the rights of Alexr. Burnet of Leyis and Wm. Blakhall, as
heirs of the late Alexr. Burnat in Contlay and Janet Cuming, his widow.

1608.
Feby. 18. General Service. Isobell Craighead to John Craighead in Fiddes, her brother.

58

Diet Books: Vol. Vffl., Part IL, Contents

1608.

July 30. Special Service (Inq. Spec. Abd. No. 118). James Bodie, heir of conquest to

Mr. Gilbert Bodie, Minister of Holme, in Orkney, his brother. Craigquhorthie in the
Parish of Kinkell. Held blench of George Chalmer, fiar of Balbithan. Mr. Gilbert
Bodie died in June 1 606. The usufruct of the lands was reserved to John Chalmer of
Balbithan, father of George Chalmer, during the life of the former.

General Service (Inq. Gen. No. 378). Walter Bodie to the said Mr. Gilbert
Bodie.

Special Service (Inq. Spec. Abd. No. 117). Arthur Forbes of Balfour to Duncan
Forbes of Balfour, his father. The sunny plough of Balfour in the parish of Forbes,
held in feu from Lord Forbes. Brumhill, in the parish of Touch, held blench of Alexr.
Calder of Asloun. Ancestor died in February 1606.

Octr. ii. Curatory. Annas Fraser, lawful daughter of the late Alexr. Fraser of Creichie.

The next of kin called were Mr. Nathaniell Fraser of Techmurie, John Fraser of
Creichie, Robert Keyth of Auldmaid, Mr. James Keyth and Mr. Andrew Keyth, his
brothers. There were chosen the said Robert Keyth, Mr. Andrew, his brother, and the
said John Hay [? Fraser], Robert Keyth being always one. All three accepted office
and became cautioner each for the others.

Novr. 28. Service — Tutory. Patrick Cheyne, eldest son of Patrick Cheyne of Essilmont.

James Cheyne of Pennan, brother of the deceased, chosen as Tutor.

1609.

Jany. 10. Curatory. Alexr. Reid, son of Alexr. Reid in Newbigging. The next of kin

called were James Reid of Newmilne, Robert Reid in Tillifour, Patrick Forbes of
Bithnie and Duncan Forbes, his son, of whom Duncan Forbes and James Reid were
chosen and became cautioners for each other. In the Latin heading the year is stated
as 1619, but this seems to be a clerical error.

Curatory ad litetn. George Leslie, lawful son of Alexr. Leslie, burgess of
Inverurie and brother of Normond Leslie, burgess there. The minor, desiring to raise
an action against Janet Leslie, his brother Normond's widow, for the heirship
moveables falling to him as his brother's heir, required to have a curator ad litetu, and
John Leslie of Largie, "tender kinsman" to the minor, was appointed.

Special Service (Inq. Spec. Abd. No. 119). Thomas Burnet of Craigmylne to
Wm. Burnet of Craigour, his grandfather. Half lands of Tillihaikie in County of Mar
and Barony of O'Neill. Held of the Crown in feu farm. In non-entry during the
reigns of Mary and James since Septr. 1547, when the ancestor was killed at Pinkie.

Feby. 23. General Service. Alexr. Irving, apparent of Lenturk, to Alexr. Irving of

Waster Beltie, his father.

March 18. Curatory. John Forbes, apparent of Craigtoun. There were summoned as next

of kin Alexr. Forbes of Fingask, Alexr. Calder of Asloune, James Gordoune of Had-
doche and John Gordoune of Tillielt. The minor chose William Gordoune of
Burnecrunnache, for whom James Gordoune of Pronie was cautioner.

59

Aberdeenshire Sheriff Court:

1609.

April 8. Special Service (Inq. Spec. Abd. No. 120). Alexr. Copland of Udoche to

Patrick Copland of Udoche, his father. The half lands of Udoche, held of the Crown
for service of ward and relief. In non-entry since death of Patrick Copland in March
1606, the liferent of whose widow, Elizabeth Auchinlek, was reserved.

27. Special Service. Adam Dilgardno to John Dilgardno in Turriff, his father. A

crag of land on the north side of Turriff extending to 16 roods, held of the Prebendary
or Rector of Turriff for burgage service and an annual rent of 8/- John Dilgardno died
in Novr. 1596.

General Service. Adam Dilgardno to John Dilgardno in Turriff, his father.

May 6. Special Service (Inq. Spec. Abd. No. 121). Alexr. Banerman of Wattertoune to

George Banerman of Wattertoune, his father. Certain crofts and roods of land in
Newburgh. Held of Lord Sinclair in free burgage, &c. George Banerman died in
Jany. 1609.

16. Special Service (Inq. Spec. Abd. No. 122). Thomas Grig to James Grig at Mill

of Fuddes, his father. The sunny plough of Ullaw in the Barony of Essilmont. Held
blench of the heirs of Patrick Cheyne of Essilmont. In non-entry since death of
ancestor in November 1606.

24. Special Service (Inq. Spec. Abd. No. 123). Edward Bruce, son of Edward

Bruce, Lord de Bruce of Kinloise to Win. Bruce, his paternal uncle. Cothill of
Collistoune1 in the Barony of Belhelvie, held in feu of Andrew Reid of Colliestoune.
In non-entry since death of Wm. Bruce in January 1604.

Augt. 29. Service — Tutory. Wm. Irwing, lawful son of Wm. Irwing in Tullinturk. Mr.

Alexr. Irwing, Minister at the Church of Birse, immediately elder brother to the
deceased, appointed Tutor.

1610.

Jany. 9. General Service. Robert Forbes of Finnarsie to John Forbes of Echt, his

cousin german.

Special Service (Inq. Spec. Abd. No. 124). Robert Forbes of Finnarsie to John
Forbes of Echt, his cousin german. The Barony of Echt-Forbes, &c. held of the
Crown for service of ward and relief. In non-entry since death of ancestor on 24 Novr.
1609. Reserving to Beatrix Gordoun, the widow, the liferent of certain specified
subjects.

General Service. Mr. Robt. Forbes, Minister at Echt to James Forbes of
Tilliboy, his father.

24. Curatory. John Seatone and Wm. Seatone, lawful sons of Mr. Alexr. Seatone in

Aberdeen. The next of kin called were George Seatone of Schethin, James Irving of
Auchioche, George Keath of Glakreauche and Patrick Chalmer of Newtone, of whom
Irving and Keath were chosen and accepted office.

I In the Abbreviate in the Inq. Spec, the lands are called Cothill and Collistoun, not of
Collistoun as above.

60

Diet Books: Vol. Vffl., Part E, Contents

1610.

Tany. 24. General Service. Thomas Chalmer to Mr. Thomas Chalmer, Advocate in Aber-

deen, his father. The heir's mother was Elizabeth or Bessie Forbes.

Service — Tutory. Thomas Chalmer to Mr. Thomas Chalmer, Advocate in Aber-
deen, his father. Mr. George Chalmer, Sheriff Clerk of Banffshire, brother of the
pupil's father, appointed Tutor.

March 3. General Service. Elizabeth Hay, wife of Wm. Mowtray in Pervines to Alexr.

Hay of Delgatie, her father.

April 10. Special Service. James Gordoun of Lesmoir to James Gordoun of Lesmoir, his

great grandfather. Glenhouss, Byithie, Bathmakellie, Kinbleine and Gawerie F'aulds,
in the Barony of Glencuthill. Carnetracllen, Beildstoune, Glasco, with ailhouse croft
of Carnetradlen held of the Crown for service of ward and relief. Also Auchmedden in
said Barony, held blench of the heirs of John, Earl of Buchan, Lord Auchterhouse. In
non-entry since death of ancestor in June 1 508.

Special Service. James Gordoun of Lesmoir to Alexr. Gordoun of Lesmoir, his
father. Balmaid, Gorrachie, Craigheid, Morleis and mill of Balmaid. Held of the
Crown for service of ward and relief. Alexr. Gordoun died in Novr. 1609. The
liferent of certain of the lands was reserved to Marjorie Forbes, widow of Alexr.
Gordoun.

Special Service. (Inq. Spec. Abd. No. 125). Mr. Robt. Gardyne of Blairtoune
to Mr. Thomas Gardyne of Blairtoune, his father. The lands of Church of Balhelvie
called Blairtoune, as occupied by the late Mr. Thomas Gardyne & Isobell Stewart, his
wife, and their tenants. Also the dwelling house formerly the rectory of Balhelvie in
the Chanonry of Old Aberdeen, situated between the manse and garden of the Treasurer
of the Cathedral on the east, the garden of the Rectory of Forbes on the south, and the
king's highway on the west and north. Held of Crown by virtue of Act of Parliament.
Mr, Thomas Gardyne died on 24 February and the liferent of Isobell Stewart, the widow,
was reserved.

May i. Service — Tutory. Walter, Gilbert, Margaret and Isobell Gardyne lawful children

of Mr. Gilbert Gardyne of Bothe. Mr. Robert Gardyne of Blairtoune, cousin german,
was appointed Tutor, for whom Provost Alexr. Rutherfurd became cautioner.

June 26. General Service. Elizabeth Abirdour to Robert Abirdour in Rothiebirsben, her

father. The year is entered as 1618 : but this may be a clerical error.

July II. General Service. Margaret Blakhall to Wm. Blakhall of that Ilk, her father.

31. General Service. Walter Barclay to Mr. Walter Barclay, rector of Inverkeithny,

his father.

Special Service. Marjorie Ray to Andrew Ray junior in Wester Fintray, her
father. Fourth Part of Craigquhorthie in Kinkell, of old occupied by Wm. Smyth, held
blench of the heirs of John Chalmer of Balbithan. Ancestor died in Novr. 1594.

General Service. Marjorie Ray to Andrew Ray junior in Wester Fintray, her
father.

61

Aberdeenshire Sheriff Court:

1610.

Augt. ii. Special Service. Alexr. Gordoune to George Gordoune of Tullochis, his father.

The town and lands of Swaillend in the Barony of Monicabok, held of the Crown for
service of ward and relief. Ancestor died in October 1 594.

Special Service. Alexr. Gordoun to George Gordoun, of Tullochis his father.
The town and lands of Littill Gowill, with salmon fishing on the Don and others. Also
Swaillend.

Septr. 10. Act of Idiotrie. David Torrie, sometime at Mill of Boquhannachie. This was

a proceeding at the instance of the Procurator Fiscal, to have Andrew Torrie in Balna-
kellie, elder brother of the insane person, appointed to the office of Tutor : but he
refused to accept the office. Upon this Margaret Meldrum, David's wife, protested for
the appointment of Tutors Dative by the Crown. (Infra, 28 June 1615.)

Octr. 25. Curatory. James and George Fraser, lawful sons of Capitane Mr. Micheall

Fraser. There were called Thomas Fraser of Petcawtanes, George Fraser in Corskie,
Harie Hill in Kinghorne and James Hill there. Thomas Fraser and George Fraser,
their father's brothers, were chosen by the minors. Their cautioner was Thomas
Vatsone, portionar of Castell of Durris.

Novr. 20. Special Service. John Fraser to John Fraser of Creichie, his grandfather.

Meikill Creichie in the Barony of Fedderet, held of the Crown for service of ward and
relief. Old value 2O/- Present value £$. In non-entry since death of ancestor in
August 1604. The liferent of Nethertoune of Meikill Creichie was reserved to
Margaret Innes, the widow.

21. Special Service (Inq. Spec. Abd. No. 127). John Gordoun of Auchmeingzie,1

to George Gordoun of Auchmeingzie, his grandfather. The town and lands of Littill
Follay in Fyvie. Held of the Crown for service of ward and relief. In non-entry
since death of ancestor in Septr. 1581.

General Service. Patrick Gordoun to Patrick Gordoun of Tulloquhowdie, his
father.

1611.

Jany. 23. Curatory. Margaret Keyth, lawful daughter of Magnus Keyth, sometime of

Finnersies. The next of kin called were Mr. Gilbert Keyth of Auquhorsk, Mr. Gilbert
Keyth, regent of the " Colledge of Auld Abd.", Andrew Keyth of the " Hospitall of
Auld Abd.", George Knowis and Robert Knowis, co-burgesses of Abd. The minor's
choice fell upon John Irwing of Kincowsie, as sole Curator.

Feby. 23. General Service. William Crombie to John Crombie in Glenheid [probably in

Kemnay], his father.

27. Special Service (Inq. Spec. Abd. No. 128). Alexr. Skeene of that Ilk to James

Skeene of that Ilk, his grandfather. The Lands and Barony of Skeene, &c. Held of
the Crown for service of ward and relief. In ward and non-entry since death of ancestor
in Novr. 1604. The period of the ward ended about Septr. 1610.

I A curious discrepancy is found here. In the abbreviate in the Inq. Spec, both John and
George Gordoun are styled "of Tillaquhowdie " not " of Auchmeingzie " as here.

62

Diet Books: Vol. VIH, Part IL, Contents

1611.

Feby. 27. General Service (Inq. Gen. No. 525). Alexr. Skeene to John Forbes of Echt,

whose only sister, Barbara Forbes, was mother of Alexr. Skeene.

Special Service (Inq. -^pec. Abd. No. 129). Alexr. Skeene to John Forbes of
Echt. Town and lands of Culquhorsie, Dunbrek, Kirktoune of Echt, &c., in the
Barony of Clunie, held for payment of I2d. yearly or a pair of gilt spurs, on the day
of the Nativity of Saint John the Baptist at the Graystane of Clunie. In non-entry
since death of ancestor in Novr. 1609.

March 6. Service— Terce. Helen Wod, widow of Alexr. Cuming of Culter, and wife of

John Burnet of Kilduthie. Her terce of the lands of Lasts and New mill of the same.

General Service. Isobell Hay to Alexr. Hay of Delgatie, her father. One of
the three daughters and co-heirs of Alexr. Hay.

Curatory. Wm. Turing of Foweraine. The next of kin called were John Gor-
doun of Petlurg, Mr. Robt. Gordoun, his brother german, John Johnstoune of that Ilk,
Mr. John Cheyne of Petfichie, Thomas Cheyne of Raniestoune, Alexr. Straquhane of
Thornetoune, John Straquhane of Tillifroskie, Tutor of Thornetoune, George Straqu-
hane his brother, and James Cheyne of Pennan. The minor chose Johnstoun of that
Ilk, Alexr. Banerman of Wattertoune, Straquhane of Thornetoun, Straquhane of Tilli-
froskie, and George Straquhane or any two or three, John or George Straquhane being
one. John accepted office, for whom Andrew Gray at the Mylne of Foveraine became
cautioner.

April i. Curatory. Wm. Turing of Foweraine. Alexr. Banerman, here designed of

Elsick, accepted office as a Curator of Wm. Turing of Foveraine, John Straquhane of
Tilliefroskie, Tutor of Thornetoune, being his cautioner. This entry is dated [rightly
or wrongly] 1613.

4. General Service. Agnes King to Wm. King, in Kirktoune of Bourtie, her father.

General Service. Margaret King to the said Wm. King, her father.

24. Curatory. Arthur and Isobell Forbes, lawful children of Abraham Forbes of

Blaktoune. The next of kin called were Arthur, Loid Forbes, Wm. Forbes of Logie-
fintray, James Forbes of Lethintie, Robert, Commendator of Monimusk, John
Lumisden of Cushnie, Lumisden, his brother, George Gordoun of Cocklarachie,

and Mr. Robert Gordoun of Fechil. Each minor chose the two last named who
became cautioners for each other.

May 8. General Service. Wm. Craig to John Craig of Craigstoune, his brother. '

15. Special Service (Inq. Spec. Abd. No. 131). Sir John Wod of Fettircarne, knight,

to Walter Wod of Fettircarne, his father. Ower Blairtoune and Pettanns in Belhelvie
held blench of Patrick, Earl of Kinghorne. In non-entry since death of ancestor in
March 1605. There were reserved (i) To Isobell Forbes, the widow, her liferent of the
subjects. (2) To Wm. Forbes of Tolquhone his right to two sunny ploughs of North
Colpnay. (3) To Baillie Wm. Gray his right to the shadow half of North Colpnay and
Wasterburne and (4) To Alexr. Wod of Colpnay his right to Pettanns and Vaus croft.

63

Aberdeenshire Sheriff Court:

1611.

July 31. Special Service. Sir Wm. Keyth of Ludquharne, Knight, to Wm. Keyth of

Ludquharne, his grandfather. " Totum et integrum tenementum hospitium hortus seu
mansus Cantoris ecclesie Cathedralis Abredonensis cum domibus edificiis et pomariis
ejusdem Jacen in meridional! parte dicte ecclesie inter hospitium et hortum Cancellarie
ejusdem oriente hospitium et hortum Decane ejusdem ab occidente communes vias
regias versus ad boream et austrum."

Septr. 28. Curatory. John Spens, lawful son of Thomas Spens of Boigforth. The next of

kin called were Mr. Thomas Meingzeis of Balgownie, Patrick Meingzeis, burgess of
Abd., Alexr. Burnet there, Robert Spens of Cultis and Thomas Spens of Boigforth (the
father). The minor chose Alexr. Burnet, sometime in Chappeltoune, and Patrick
Meingzeis, who accepted office and became cautioners for each other.

Octr. i. General Service. Patrick Forbes, apparent of Lethintie to Margaret Forbes, his

mother.

3. Curatory. Andrew Burnet, lawful son of Wm. Burnet of Camphell. The next

of kin called were Andrew Burnet, burgess of Abd., Alexr. and Robert Burnet, co-
burgesses thereof, Wm. Gordoune, burgess thereof, and Patrick Gordoune of
Kincraigie. The minor chose the said Andrew Burnet (here called " elder ") who found
Alexr. Jaffray, Baillie burgess of Abd. as his cautioner.

General Service. Wm. Forsyth in Udoche to Michaell Fiddes in Jaxtoune, his
maternal uncle.

General Service. John Ker to Sir Thomas Ker of Hirtha, knight, his father.

28. Tutory. John Gordoun of Haddoch, lawful son of George Gordoun of Haddoch.
Margaret Banerman, widow of George and mother of John Gordoun, presented gift of
the office of Tutrix Dative, under the Great Seal dated 17 Octr., accepted office, took
the oath de fideli, and found Alexr. Banerman of Elsik as cautioner.

Novr. 13. Special Service. John Irwing, Junior, of Blakhills to John Irwing of Blakhills,

his father. Eight oxgait of Nethirtoune of Tullimad, now called the Blakhills with
houses, &c, in the parish of Turreff, held in feu of John Urquhart of Latheris for 2O/- of
annual duty. In non-entry since the death of Helen Cheyne, the widow and conjunct
fiar, in June 1611.

Service— Idiotrie. Mr. William Skeene, lawful son of the late Mr. James Skeene
of Waster Corss. Robert Skeene of Auchtermuchtie, his next younger brother german,
appointed guardian. The mental illness is said to have existed 10 years. (Supra p. 53.)

•

29. General Service. Wm. Stewart to Patrick Stewart of Wodheid, his paternal
uncle.

1612.

Jany. 29. Special Service. Katherine Gordoun to James Gordoun, fiar of Wranghame,

her father. Half the town and lands of Auchtercarne, Tulloche, Tannamonie and
Blakmyll with multures, &c. in the parishes of [Coull and Logic Coldstone] held of the
Crown for service of ward and relief. Old value 3O/- Present value £6, In non-
entry since James Gordoun's death in June 1574.

64

Diet Books: Vol. VIIL, Part II., Contents

1612.

Jany. 29. General Service. Katharine Gordoun to James Gordoun, fiar of Wranghame,

her father.

Feby. I. Service — Terce. Margaret Smyth, widow of James Rait of Crannabog. Her

terce of Crannabog in the parish of Fyvie.

5. General Service. Duncan Robertsone to Donald Robertsone, apparent of

Strowan, his father.

12. Service — Tutory (Inq. Ttit. No. 286). Alexr. Innes, lawful son of the late John

Innes of Elrik. Alexr. Innes in Old Abd., brother german of the late Robert Innes of
Elrik, the pupil's grandfather, was appointed Tutor.

General Service. The said Alexander Innes to Robert Innes of Elrik, his grand-
father.

19. General Service. Charles Chalmer to John Chalmer, portioner of Wester

Fintray, his father.

Special Service. Robert Paull to John and George Paull, his brothers german.
The half of the town and lands of Park of Clunie in the parish and barony of Clunie,
held blench of Alexr. Gordoun of Clunie. Old value 6/8. Present value 26/8. In
non-entry since the death of Andrew Paull, the father of John, George and Robert
Paull, in 1611.

March 11. Special Service. George Dawidsone to Gilbert Dawidsone of Lennabo, his

father. The lands of Lennabo, &c., in the Parish of Peterugie, held in feu, formerly
of the late Wm. Keyth of Ludquharne, and now of his nephew Sir Wm. Keyth of
Ludquharne for duty of ^40 [? 4O/-] besides some payments in kind. In non-entry
since death of Gilbert Dawidsone in April 1610.

April 21. Special Service. Robert Roise to John Roise, in Craigtoun of Lumphannand,

his father. Sunny half of town and lands of Craigtoun of Lumphannand, &c., in the
barony of Lumphannand and Lordship of O'Neill, held feu of Sir Henry Lindsay
otherwise Charters, knight, for a duty of id merks and certain feudal services. In
non-entry since death of John Roise in August 1604.

General Service ( Vide Supra \ Febry). James Rait to James Rait in Cranboig,
his father.

May 15. General Service. Isobell Keillo to Wm. Fraser of Ord, her grandfather.

Service — Terce. Margaret Forbes, widow of John Forbes of Ardmurdo. Her
terce of Ardmurdo, Mill thereof and salmon fishing in the Don called Pot Bukie, in the
parish of Kinkell.

27. Special Service (Inq. Spec. Abd. No. 580). Alexr. Forbes of Towies to Alexr.

Forbes, fiar of Towie, his paternal uncle. Sunny half of Fichlie and Sonnaboth. Also
Sonnahard, &c., in the Lordship of Mar, held of the Crown for service of ward and
relief. In non-entry since death of ancestor in December, 1579.

General Service. Elizabeth Fraser, wife of Andrew Burnet in Ord to Wm.
Fraser in Ord, her father. Elizabeth Fraser was one of the daughters of Wm. Fraser.

1 65

Aberdeenshire Sheriff Court:
1612.

May 27. General Service. Margaret Fraser, wife of David Straquhan in Ley of Tilli-

chedlie to Wm. Fraser in Orel, her father. Margaret was another daughter of Wm.
Fraser.

General Service. Isobell Fraser, wife of Robert Donaldsone, to Wm. Fraser in
Ord, her father. Isobell was a third daughter of Wm. Fraser.

Curatory and Tutory. Robert, John and Agnes Irwing, lawful children of
Robert Irwing, sometime in Lyne and the late Helen Fraser, his wife. The next of
kin called were John Irwing of Kincowsie, James Irwing in Beildsyd, Alexr. Fraser,
fiar of Durris, and Alexr. Jaffray, burgess of Abd. Agnes, who was in minority, chose,
with consent of her father, Andrew Burnet in Ord, as her Curator. The Sheriff depute,
also with consent of their father, appointed Burnet Tutor to Robert and John, who were
in pupillarity. Alexr. Jaffray of Kingiswallis, burgess of Abd. and David Straquhan of
Tillichedlie became cautioners for Burnet.

23. General Service. Andrew Brabner, burgess of Abd. to Andrew Brabner, his
grandfather.

July 31. Special Service. Andrew Schand in Petblair to Patrick Schand in Bairnehill,

his father. The sunny half of the town and lands of Scattertie in Kinnedwart, held
blench of Sir Alexr. Fraser of Fraserburgh. Old value I5/- Present value ^3. In
non-entry since death of ancestor in May 1607.

General Service. Thomas Maitland to Mr. Walter Maitland, Rector of
Kinnedwart, his father.

Octr. 6. Special Service. John Gordoun to George Gordoun, fiar of Haddoch, his

father. The two Methliks, with their pertinents called Haddoch. Archedlie with
fishing on the Ithan. The superiority of an annual rent of £$ from these lands from
Lord Forbes. Andet and Brachla. Also the House of Kellie, &c. with its mill.
Wester Barrak. The superiority of Saphok, Knowen and Auchmaledie. Also Little
Methlik, mills thereof, salmon fishing and other pertinents in the parish of Methlik.
New Park of Kellie and others in Tarves, Diracroft, Brakey-Tarves, the superiority of
Tullielt, with pertinents, also in the parish of Tarves. All the subjects held blench of
James Gordoun of Haddoch, grandfather of John Gordoun, for payment of pence,

if asked only, and of the said James Gordoun's superiors for payment of the farms and
services due and payable by him to them. In non-entry since death of George Gordoun
in 1610.

General Service (Inq. Gen. No. 551). John Gordoun to George Gordoun, his
father.

General Service. Margaret King, wife of John Crag [or Brag] in Lyne, to Wm.
King of Kirktoun of Bourtie, her father. ( Vide 4 April, 1611.)

General Service. Agnes King, wife of Robert Smyth in Jaxtoune to the said
Wm. King. (Vide 4 April 1611.)

66

Diet Books: Vol. Vffl., Part H, Contents

1612.

Octr. 31. Special Service (Inq. Spec. Abd. No. 582). Thomas Fraser of Streichin to

Thomas Fraser of Streichen, his father. The Barony of Streichin, held of the Crown
for service of ward and relief. The heir's father died only four weeks before the inquest.

Novr. 18. General Service (Inq. Gen. No. 552). Alexr. Pantoun to Henry Pantoun of

Craig, his father.

Special Service. Alexr. Pantoun to Henry Pantoun of Craig, his father. Town
and lands of Littill Liddingame, in the Regality of Lindores. Two part town and
lands of Craig, in the Barony of Monicabok. Both held blench of the heirs of the late
John Pantoun of Petmedden. Old value of Littill Ledinghame I5/- Present value ^3.
In non-entry since death of Henry Pantoun, in August 1590.
1613.

March 2. Curatory. Alexr. Fraser, eldest lawful son of the late Mr. Michael Fraser of

Techmurie. The next of kin called were Sir Alexr. Fraser of Fraserburgh, knight,
Alexr. Fraser, portioner of Kindrocht, Alexr. Hay in Auchinten and Thomas Hay in
Grayisteane. The minor chose Alexr. Straquhan of Glenkindie, Mr. James Forbes of
Knapernay, John Hay younger of Cremondmogat and Alexr. Fraser younger, portioner
of Kindrocht, or any two of them. All accepted, Straquhan and Forbes becoming
cautioners for each other and Hay and Fraser the like.

April 13. Special Service. James Forbes to Abraham Forbes of Blaktoun, his father.

The town and lands of Wark, otherwise Newtoun of Knokreauch. Also Newtoun of
Balnakellie, otherwise Brydiswalls, in the parish of Cushnie, held blench of John
Lumisden of Cushnie. Old value 5/- Present value 2O/- Also the superiority of Nuik
in the parish of Kennethmont and Regality of Lindores. Also 12 oxgait of Balnakellie,
in special warrandice of the foregoing lands in Cushnie. Abraham Forbes died in
March 1611.

General Service. James Forbes to Abraham Forbes of Blaktoun, his father.

21. Revocation. Thomas Wentoun, lawful son of the late John Wentoun, sometime

of Tempil Lands, made a general revocation of deeds granted in his minority to his

prejudice, and specially of the alienation of the lands "callit the Tempill Lands of

" in the parish of Fordoun, and County of Kincardine, to George Wishart,

brother german to the late Sir John Wishart of Pettarrow, knight.

June 2. Special Service. Robert Keyth to Mr. Archibald Keyth, Rector of Cremound,

his grandfather. The sunny half of the town and lands of Invernocht, in the Barony of
Phillorth, held blench of Alexr. Fraser of Phillorth. Old value io/- Present value
4O/- In non entry since death of ancestor in January 1597-8.

3. General Service. Thomas Burnet to Wm. Burnet of Camphell, his father.

29. General Service. James Leslie to Walter Leslie of Drumdolo, his father,

Special Service. James Leslie to Walter Leslie of Drumdolo, his father. The
third part of a Davate of Comalegie, viz. : a third part of Comalegie, Begishill,
Steaniefeild, Wadderburne, Brumhill, Chappeltoun, Thomastoun and others in Drum-
blait. Held for feu-duty of 4O/- from Lord Abirnethie of Saltoun. In non-entry since
death of Walter Leslie, 8 March 1613.

67

Aberdeenshire Sheriff Court:

1613.

July 15. Curatory. William Forbes, eldest lawful son of the late William Forbes of

Pettallachie. The next of kin called were John Forbes of New, John Forbes at the
Mill of Ripachie, John Forbes of Campbell, Robert Skeen of Tillibirlache, Robert
Cowttis of Auchlercowll and Alexr. Forbes in Belgrein. The minor chose Mr. Duncan
Forbes of Lethintie, John Forbes of New, Robert Cowttis and Robert Skeen. The last
named was present and accepted office. The Sheriff depute ordained the minor to
bring in the others to accept office.

31. Special Service (Inq. Spec. Abd. No. 587). Wm. Gordoun of Abirzeldie to

Alexr. Gordoun of Abirzeldie, his father. The lands of Stering in the Lordship of
Huntly, by annexation, held blench of the Marquis of Huntly. The lands called Lurgis
in the parish of Migmar and Barony of O'Neill, formerly held of the Rectors of Kin-
cardine O'Neill, canons of the Cathedral Church of Abd., afterwards of the Crown,
in feu farm, for payment of 4O/- and certain feudal services. In non-entry since death
of ancestor in July 1594- His widow, Janet Irwing, was conjunct fiar of Stering.

Septr. 15. Special Service (Inq. Spec. Abd. No 588). Patrick Forbes to Margaret Forbes,

wife of James Forbes of Lethintie, his mother. The superiority of the lands of
Lethintie in the parish of Logiedurno. Held blench of the Crown. Margaret Forbes
died in Novr. 1607.

Octr. 5. General Service (Inq. Gen. No. 8514). Wm. Straquhan of Tibbertie to John

Straquhan of Tibbertie, his father.

Novr 6. Special Service (Inq. Spec. Abd. No. 590). John Leslie to John Leslie,

portioner of Buchanstoun, his grandfather. Buchanstoun, Ardoyne, &c. in the Regality
of the Gareoche. Held of the Crown for service of ward and relief. In non-entry
since death of ancester in March 1609.

Deer. 7. Service — Tutory. Wm. Stewart, lawful son of the late Alexr. Stewart, formerly

in Auchindren. James Stewart* burgess of Abd , the nearest relative on the father's
side, found entitled to office of Tutor.

Service — Tutory. James Stewart, also son of the said Alexr. Stewart. James
Stewart, burgess, Tutor here also.

Special Service. Alexr. Pantoun, burgess of Abd. to Wm. Pantoun, burgess,
his paternal uncle. Shadow half of Auld Sliauche in the Barony of Drumblait. Held
blench of James Gordoun of Lesmoir. Old value 5/- Present value 2O/- In non-
entry since death of ancestor in Septr. 1586. (Vide 29 Novr. 1615, infra.)

21. Special Service (Inq. Spec. Abd. No. 591). Andrew Herwie of Elrik to James

Herwie of Elrik, his father. The lands of Tillimald, Swaillend and Auld Gowill in the
Barony of Monicabok, held of the Crown for service of ward and relief. In non-entry
since death of ancestor in Novr. 1582. Reserving the rights of Henry Gordoun of
Dilspro, Mr. James Forbes of Woidland and George Currour of Swaillend.

General Service (Inq. Gen. No. 8524). Thomas Lumisden to Mr. Thomas
Lumisden, Rector of Kinkell, his father.

68

Diet Books: VoL Vffl., Part H, Contents

1614.

April 22. General Service. Robert Skein, portioner of Auchtermuchtie to Mr. James

Skein of Waster Corse, his father. Robert Skein's mother was Elizabeth Straquhan,
his father's second wife.

May 17. Special Service. John Liddell to Mr. Duncan Liddell, Doctor of Medicine, his

brother. The town and lands of Pitmedden, with salmon fishing on the Don, &c. in
the Thanedom of Kintore, held of the Crown in feu, for payment of £7. Dr. Liddell's
death took place in Deer. 1613.

24. General Service (Inq, Gen. No. 8532). Mr. Matthew Lumisden to Alexr.

Lumisden formerly of Drumlasie, his father.

26. Curatory. Gilbert Irwing and John Irwing, lawful sons of the late Gilbert

Irwing, sometime of Auldquhat. The next of kin called were James Irwing of
Aucheoche, Wm. Irwing of Beltie, John Irwing of Artamfurd, Mr. Alexr. Irwing,
Advocate, Thomas Meingzeis of Cultis, Alexr. Rutherfurd, Provost of Abd., Paull
Meingzeis of Kinmoundie, Mr. Thomas Meingzeis of Balgownie, and George Nicolsone,
Baillie burgess of Abd. Gilbert Irwing chose Mr. Gavin Douglas of Brigfield and
James Irwing of Aucheoche, while his brother, John, chose John Irwing of Artamfurd
and Baillie Nicolsone. These accepted office and became cautioners for each other.

June 8. Special Service (Inq. Spec. Abd. No. 133). Patrick Forbes to Wm. Forbes of

Petsligo, his grandfather, as in right of his mother, Margaret Forbes, the elder daughter
of Wm. Forbes. Lands of Lethintie and mill, also Auchincleith in the parish of Logie-
durno. Held blench of the Crown. In non-entry since death of ancestor in April
1 567. The heir was the son of Margaret Forbes, one of the two daughters of Wm.
Forbes, and succeeded along with his aunt, Janet Forbes. ( Vide next entry. )

Special Service (Inq. Spec. Abd. No. 134). Janet Forbes to the same. As in
preceding entry.

29. Curatory. James Keyth, lawful son of George, Earl Mershell and Dame

Margaret Ogilwie, his wife. The next of kin called were Sir Robert Keyth of
Benholme, knight, William, Lord Keyth, James, Lord Ogilwie, and Mr. David
Ogilwie of Petmowies. The minor chose William, Lord Keyth, Sir Robert Keyth, Mr.
David Ogilwie and John Keyth of Cowtoun or any two, of whom John Keyth to be one.

July i. General Service (Inq. Gen. No. 571). James Gordoun in [? of] Drimmeis to

Alex. Gordoun, sometime in Scheildrein, his paternal uncle.

12. Service — Terce. Katherine Jaffray, widow of Wm. Andersone at Mill of Turriff.

Her terce of Mill of Turriff, &c. in the parish of Turriff.

1 6. Curatory. Robert, Alexr., Gilbert, Isobell and Janet Johnestoun, lawful children

of the late Patrick Johnestoun, sometime of Moistoune. The next of kin called were
Arthur Johnestoun in Auchindarg, John Johnestoun in Drumbreck, John Arbuthnot of
Carnegall and Normond Arbuthnot, his brother. The minors chose John Gordoun of
Chappeltoun, John Stewinsone in Carnecowlie and Walter Haliburtoun in Clochorbie,
who accepted, and, as was common, became cautioners for each other.

69

Aberdeenshire Sheriff Court:

1614.

July 23. General Service (Inq. Gen. No. 573). John Hay to William Hay of Littill

Arnage, his father.

Special Service (Inq. Spec. Abd. No. 135). John Hay to William Hay of
Littill Arnage, his father. Cremondmogat, &c. in the Barony of Cremondpark as heir.
Also Littill Arnage, &c. in Barony of Slains, as heir male. The former lands held
blench of Alexr. Hay of Logie. The latter held blench of the Crown. In non-entry
since death of ancestor in April 1613.

Octr. 6. General Service. Marjorie Stewart to James Stewart in Rannallachie, her

father.

Novr. 2. Service — Terce. Jeane Chalmer, widow of Mr. Robert Mar, burgess of Abd.

Her terce of the shadow half of Middill Ardo, &c., in the Barony of Belhelvie.

23. Curatory. John Forbes, apparent of Lethintie, son of Mr. Duncan Forbes of

Lethintie. The next of kin called were Wm. Forbes of Monimusk, elder, Wm. Forbes
of Portlathin, Alexr. Skein of that Ilk, George Johnestoun of Caskieben, Gilbert
Johnestoun of Owertoun and Robert Johnestoun of Cremond. The minor appearing,
along with his father, chose Henry Forbes of Newhills and Wm. Forbes, burgess of
Abd., son of the late Baillie Alexr. Forbes, conjunctly and severally. Mr. Duncan
Forbes, the father, became cautioner for the Curators.

30. Service — Terce. Elizabeth Gordoun, widow of Andrew Richie in Cowll. Her

terce of Tonley in the parish of Cowll.

1615.

Jany. 21. Special Service (Inq. Spec. Abd. No. 136). Robert Gardyne in Balgersho to

Robert Gardyne, formerly of Blairtoun, his father. The ecclesiastical lands of Blair-
toun, &c. In non-entry since death of Robert Gardyne in April 1584 (i) in the hands
of Mr. Patrick Gardyne, Rector of Belhelvie, who died in July 1614, to the passing of
the Act of Annexation in 1587, and (2) after that date in the hands of the Crown.

Febry. I. Special Service. Robert Forbes, immediate younger brother of John Forbes in

Milboy, to his nephew Andrew Forbes, son of his said brother John. The shadow half
of the three part lands of Blairneill, vulgo the three quarter lands thereof, extending to
12 oxgait, in the Barony of Steaniewod and Muchell. Held blench of Andrew Fraser
of Steaniewod and his heirs. Old value io/- Present value 4O/- In non-entry since
death of ancestor in 1613.

22. Service — Tutory. George Ailhous, lawful son of the late Arthur Ailhous,

inhabitant of Old Abd. His grandfather, James Ailhous in Old Abd. appointed Tutor.

Service — Tutory. Christian Ailhous, sister of the above George. Her grand-
father, the said James Ailhous, appointed Tutor.

March 8. Service — Tutory. John Forbes, lawful son of the late George Forbes in Ower-

bairnes. John Forbes of Bairnes appointed Tutor.

Service— Tutory. Wm. Forbes, second lawful son of the above. John Forbes
of Bairnes appointed.

70

Diet Books: Vol. VIII., Part II., Contents

1615.

March 8. Service — Tutory. Margaret Forbes, lawful daughter of the above. John Forbes

of Bftirnes appointed.

General Service (Inq. Gen. No. 590). George Annand to Mr. Wm.. Annand of
Collihill, his father.

April 19. CUratory. John and Elizabeth Forbes, lawful children of the late John Forbes of

Ardmurdo. The next of kin called were Alexr., Bishop of Cathnes, Wm. Dalgardno
of Garrtestoun, George Dalgardno his brother german, John Forbes of Culquhork and
Alexr. Forbes of Auldtoun of Towies. The minor, John Forbes, chose Capilane
Arthur Forbes of Towies, Mr. Gawin Dowglas of Eister Barras, John Lumisden of
Tullicarne, John Calder of Migwie and John Forbes of Culquhork or any three, John
Calder being one. Elizabeth chose Captain Forbes, Dowglas, Lumisden, Culquhork
and Alexr. Calder of Asloun or any three. Of these, Dowglas, Lumisden, John Calder
and Forbes of Culquhork were present and accepted office.

May 16. General Service (Inq. Gen. No. 8540). George Currour of Swailend to John

Currour of Durne, his great great great grandfather. The ancestor died in the reign
of James IV.

26. Curatory. Wm. Maitland, eldest lawful son of the late Mr. Robert Maitland of

Monlatie. The next of kin called were Mr. Patrick Maitland of Auchincreiff, Walter
Maitland in Fotterletter, Andrew Meldrum of Jaxtoun and James Hay in Murefauld.
The minor chose Mr. Patrick Maitland and James Hay as his Curators.

June 28. Service— Idiotrie (Inq. de. Tut. No. 214). David Torrie, formerly at Mill of

Boquhennachie. The jury found that Andrew Torrie in Balnakellie, the elder brother
of David, was the person entitled to the office of Tutor. \Supra 10 Septr. 1610, p. 62].

Protestation, Margaret Meldrum, wife of David Torrie, protested for the
appointment of Tutors dative to her husband, in respect that his brother Andrew would
not take up the office. [Supra 10 Septr. 1610, p. 62].

July 12. General Service (Inq. Gen. No. 60 1). Mr. Patrick Maitland of Carnefechill, to

Mr. Robt. Maitland of Carnefechill, his father.

Special Service (Inq. Spec. Abd. No. 138). Mr. Patrick Maitland of Carne-
fechil to Mr. Robert Maitland, his father. Culshe, &c. in the Barony of Fedderet.
Held of the Crown for service of ward and relief. Also Carnefechill, Auchinlek, Mill
of Fechill, &c. , and lands of Pettrichie in the Barony of Tarves and Regality of Abir-
brothok, held of the Crown in feu farm. In non-entry since death of Robert Maitland
in Octr. 1614.

26. General Service. James Cheyne to John Cheyne, at one time portioner of

Bathelnie [or ? Belhelvy], his father.

Augt. I. General Service. John Leslie to Patrick Leslie, at one time of Chappeltoun,

his father.

71

Aberdeenshire Sheriff Court:

1615.

Octr. 3. Special Service (Inq. Spec. Aid. No. 140). George Crawfurd to Wm. Crawfurd

of Annachie, his father. Annachie, &c. Held blench of Alexr. Irwing of Drum. In
non-entry since death of ancestor in Novr. 1605.

15. Revocation. George Johnestoun of Caskieben made a general Revocation, and

also a special Revocation of a Disposition made by him in minority to Wm. Forbes of
Tolquhone and Janet Ogilwie his wife, of the lands and barony of Wattertoun, salmon
fishing on the Ithan, &c. in the parish of Ellon.

Novr. i. Service — Terce. Annas Leslie, widow of James Leslie, fiar of Otterstoun. Her

terce of the dominical lands of Mains of Leslie, &c. in the Barony and parish of Leslie.

29. Special Service. Alexr. Pantoun, burgess of Abd. to Wm. Pantoun, burgess of

Abd., his paternal uncle. The shadow half of Auld Sleauche, in the parish of Drum-
blait. Held blench of James Gordoun of Lesmoir. Old value 5/- Present value 2O/-
In non-entry since death of ancestor in Septr. 1586. (Vide ^ Deer. 1613 supra, p. 68. )z

Special Service. Robert Mar to Mr. Robert Mar, his father. Meikle Ardoch
in the parish of Belhelvie. Held blench of Patrick, Earl of Kinghorne. Old value 2O/-
Present value £4. In non-entry since death of ancestor in June 1614. Reserving the
liferent right of Jeane Chalmer, the deceased's widow. ( Vide 2 Novr. 1614 supra,
P- 70.)

General Service (Inq. Gen. No. 610). Thomas Johnestoun to John Johnestoun
of that Ilk, his father.

1616.

Jany. 9. Curatory. Robert Duguid, eldest lawful son of the late Wm. Duguid in Ward

of Slains. The next of kin called were Wm. Duguid of Auchinhuiff, John Duguid his
brother, George Hay lawful son of Alexr. Hay of Brunthill, Mr. Patrick Hay his
brother. The minor chose Wm. Duguid of Auchinhuiff, John Hay of Ardlethin and
Patrick Con of Auchry or any two of them. John Hay was present and accepted office.
His cautioner was George Bruce, "saidler burges of Abd."

Febry. 28. Special Service (Inq. Spec. Abd. No. 142). Wm. Seatoun of Blair to Wm.

Seatoun of Blair, his father. Sunny half lands of Ruddrestoune, with fishings, in the
parish of Saint Machar. Held in feu and heritage from Crown, for payment of a silver
penny if asked only. In non-entry since death of ancestor in Novr. 1608.

March 26. General Service (Inq. Gen. No. 630). James Dempster to John Dempster of

Knokleyth, his brother.

Special Service (Inq. Spec. Abd. No. 143). James Dempster to John Dempster
of Knokleyth, his brother. The sunny third part of Knokleyth, in the Barony of
Auchterles-Dempster. Held of the Crown in feu and heritage for services used and
wont. Also the shadow half of Logic Auldtoun, mill and others in the Barony of
Auchterles-Meldrum. Held of George Meldrum of Haltoun of Auchterles, in feu farm
for duty of 10 merks. In non-entry since death of ancestor in Augt. 1615.

I The Editor can find no explanation for this second service, unless by supposing that the
previous one had been forgotten about.

72

Diet Books : Vol. VIE., Part IL, Contents

1616.
April 9. General Service. James Clerk in Ardiffrie to Gilbert Club, his maternal uncle.

May 15. General Service. Patrick Gordoun of Bountie to Alexr. Gordoun of Bountie,

his father.

17. Service — Terce. Lady Anna Murray, Countess of Kinghorne. Her terce of

Kingseat, with advocation and right of patronage of Belhelvie. Also Over and Nether
Mondurnoch and others in the Barony of Fyvie and Regality of Abirbrothok. Without
prejudice to the right to the lands of Easter Ardoch, granted by the late Earl to the late
Robert Mar, burgess of Abd. , and Jeane Chalmer, his wife. (Supra pp. 70 and 72. )

Special Service (Inq. Spec. Abd. No. 144). John Forbes of Tulloche to Robert,
Commendator of Monimusk, his father. Tilliriauche and Tullocheweinis in the Barony
of Clunie. Held of Arthur, Lord Forbes, and his heirs male in feu farm for payment
of £8. The lands of Tillifour and mill, &c. in the parish of Monimusk. Held blench
of Lord Forbes. Bowak and mill, &c. held of the Crown, by annexation of church
lands, for payment of £,"] io/- In non-entry since death of ancestor in Febry. 1616.
Reserving to Agnes Forbes, the widow and conjunct fiar, her liferent rights.

General Service (Inq. Gen. No. 638). Captain John Gordoun, son of Captain
Alexr. Gordoun to Jean Gordoun, Lady of Rothimarkus, his father's sister.

June 25. Curatory. Johne Forbes of Tulloche. The next of kin called were Arthur, Lord

Forbes, James Forbes of Lethintie, Patrick Forbes of Corse and Mr. Wm. Forbes of
Meanie. The minor chose Patrick Forbes of Corse, George Currour of Swailend and
Wm. Duguid of Auchinhuiff or any two, of whom Patrick Forbes must be one. All
three were in Court and accepted office.

Service — Terce. Agnes Forbes, widow of Robert, Commendator of Monimusk.
Her terce of the lands of Bowak, mill and mill lands of the same, in the parish of
Monimusk. ( Vide Supra. )

July 17. Special Service (Inq. Spec. Abd. Nos. 145 and 146). Peter Blakburne to

Peter Blakburne, Bishop of Aberdeen, his father. Lands and Barony of Dyce. Lands
and Mill of Dunnidur and lands of Rothmurriell in the Regality of the Gareoche.
Held of the Crown in feu farm. Also Kirktoun of Dyce, &c. Held of the Arch-
bishop of St. Andrews in feu farm. Also part of Meikle Endovie, in the parish of
Alford, held of Wm. Forbes of Corsinday in feu farm. In non-entry since the death of
the Bishop on 14 June immediately preceding.

Octr. 2. Curatory. Margaret, Elspet, Janet and Isobell BlaKburne, daughters of Bishop

Peter Blakburne. The next of kin called were Mr. Archibald Blakburne, Minister at
Abd., Mr. Peter Blakburne son of the Bishop, George Johnestoun of that Ilk and
Gilbert Johnestoun of Frosterhill. Margaret chose Mr. Duncan Forbes of Lethintie,
Mr. Archibald Blakburne and Gilbert Johnestoun, of whom the last two named must
be two. Elspet chose Robert Johnestoun of Cremond and Gilbert Johnestoun.
Janet chose Mr. Duncan Forbes and Mr. Archibald Blakburne, while the choice of
Isobell fell on Mr. Duncan Forbes and Mr. Patrick Guthrie. The only two who were
present and accepted office were Mr. Duncan Forbes and Mr. Archibald Blakburne.

K 73

Aberdeenshire Sheriff Court:

1616.

Deer. 4. Special Service. Patrick Gordoun to Alexr. Gordoun of Bountie, his father.

The croft in the Barony of Kincardyne O'Neill, of old called " Alexr. Sangis croft."
Formerly held of the Rector of Kincardyne O'Neill, thereafter of the Crown in feu farm
for payment of 37/- In non-entry since death of ancestor in August 1584.

1617.
Fehry. 12. General Service (Inq. Gen. No. 676). Margaret Gradane to Margaret Walker

wife of Edmond Gradane in Kinloche, her mother.

20. General Service. George, Earl Marischal, as heir of conquest to Sir Robert

Keyth of Benholme, knight, his brother german.

April 29. Special Service (Inq. Spec. Abd. No. 149). Patrick Hepburne to Patrick

Hepburne at Mill of Abirdour, his father. Lands of Ferihill, &c. in the parish of St.
Machar. Held formerly of the Minister of the Monastery of the Holy Trinity of Aber-
deen, as part of the patrimony of the Monastery, and thereafter of the Crown in feu
farm, for payment of £20. In non-entry since death of ancestor in Deer. 1616.
Reserving to Janet Cheyne the widow and conjunct fiar, her liferent right to the sunny
half of Ferrihill, etc.

June 4. General Service. Christian Robertsone, wife of John Blak, Shoemaker in Old

Aberdeen to Gilbert Robertsone, her brother.

7. Special Service (Inq. Spec. Abd. No. 151). Patrick Gordoun of Halheid to

Patrick Gordoun of Halheid, his father. Halheid and Corquhunderland in Cushnie.
Held of the Crown for service of ward and relief. In non-entry since death of ancestor
in Deer. 1616. Reserving the rights of Janet Gordoun, the widow.

II. Curatory. Thomas Gray, lawful son of the late Andrew Gray in Kemnay. The

next of kin called were Wm. Gray in Isakstoune, Thomas Bruce in Rathaurald, Alexr.
Melwill in Craigearne, James Melwill in Carnetradlene. The minor chose Thomas
Bruce, for whom Walter Cheyne in Tullebin became cautioner.

March 19.' General Service (Inq. Gen. No. 689). Elizabeth Setoune to Alexr. Setoune, fiar
of Meldrum, her father.

i General Service (Inq. Gen. No. 690). Elizabeth Setoune to Alexr. Setoune of
Meldrum, her grandfather.

1 8. Special Service. Thomas Craik in Lennie to Thomas Craik in Dirahous of

Rethin, his grandfather. The croft called the Dira Croft of Rathin in the town of
Rathin and Barony of Phillorth. Held blench of Alexr. Fraser of Phillorth. Old
value 6/- Present value 24/- In non-entry since death of ancestor in April 1605.
Reserving to Agnes Park, his widow, her liferent right.

July 23. General Service (Inq. Gen. No. 70x3). Walter Mollysone to John Mollysone in

Lachintullie, his father.

I These and a good many other services in the pages which follow were entered in the
original out of their chronological order and are entered here in the same way.

74

Diet Books: Vol. Vffl., Part IL, Contents

1617.

July 23. Special Service (Inq. Spec. Abd. No. 152). Walter Mollysone to John Molly-

sone in Lachintillie, his father. Half the town and lands of Glak in the Barony of
Muchell. Held blench of Andrew Fraser of Steaniewood. In non-entry since death
of ancestor in June 1594.

Augt. 7. Curatory. William Forbes of Knapernay, The next of kin called were Wm.

Forbes of Tolquhone, Mr. Walter Forbes of Auchridie, Wm. Hay of Delgatie and
Walter Hay, indweller in Edinburgh. The minor chose Mr. Walter Forbes of Auch-
ridie, John Forbes of Petnacaddell, John Johnestoune of Sleepiehillok, George
Johnestoune of Fawalls, John Collisone of Auchlownies and John Hay of Cremondmo-
gat, or any three, John Collisone being always one. Johnestoune of Sleepiehillok,
Johnestoune of Fawalls and Collisone were present and accepted office.

Deer. 20. Service — Tutory (Inq. Tut. No. 266). Janet Allane alias Braber, daughter of
the late John Allane alias Braber, in Stering of Glenmuick. John Allane alias
McBraber in Ballogie1 was found entitled to the office.

General Service (Inq. Gen. No. 713). Christiane Cheyne to Mr. Francis Cheyne
of Craigie, her father.

Special Service (Inq. Spec. Abd. No. 154). Christiane Cheyne to Mr. Francis
Cheyne of Craigie, her father. The town and lands of Craigie-Tarves and ' ' Grein
hills of Craigie," &c. in the Regality of Abirbrothok. Held in feu farm of the Marquis
of Huntly and his successors as Barons of the Barony of Tarvis, for payment of
.£10 195. iod., and with performance of certain feudal services. In non-entry since
death of ancestor in October 1604.

1618.

Jany. 13. Special Service (Inq. Spec. Abd. No. 155). George, Marquis of Huntly to

George, Earl of Huntly, his grandfather. Parts of Coclarachie, &c. Held of the
Crown for service of ward and relief. In the hands of the Superior since the death of
ancestor in October 1562, being 55 years and 3 months, viz. : by reason of ward for 8
years and by reason of non-entry for 47 years and 3 months. The following 13 jurors
sat upon the inquest : — James Cheyne, apparent of Arnage ; George Leyth of Overhall
of Bairnis ; Mr. Robert Bisset of Lessindrum : Alexr. Lyone of Brakey ; Alexr. Spens
of Boddome ; Mr. Wm. Gordoun, son of George Gordoun of Coclarachie ; Thomas
Gordoun, son of John Gordoun of Lentusche; Mr. Robert Udnie of Tillicorthie; James
Gareoche of Kinstair ; Wm. Leslie of Littill Warthill ; Mr. Thomas Mollysone,
common clerk of Abd. ; Alexr. Gordoune at Kethokismiln ; Wm. Udnie, fiar of
Udnie.

General Service (Inq. Gen. No. 716). George Stewin, Baker in Abd. to Andrew
Tulledaff of that Ilk, his maternal grandfather.

Feby. 18. General Service. George Edward to Andrew Edward in Bonnytoune, his father.

i. Probably the old Ballogie in Braemar, not the modern Ballogie in Birse.

75

Aberdeenshire Sheriff Court:

1618.

Mar. II. Special Service (Inq. Spec. Abd. No. 156). John Kinnaird to Patrick Kinnaird

of that Ilk, his father. Kininmond and Perskow with house, garden and an acre of

. arable ground adjacent thereto, in the town of Corthiecrome in the Barony of Slains.

Held blench of Francis, Earl of Erroll. In non-entry since death of ancestor in Novr.

1616.

June 7. General Service. Wm. Lindsay to Mr. James Lindsay of Cushnie, his father.

March 25. General Service (Inq. Gen. No. 735). George Currour of Swailend to Andrew

Currour of Inschedrour, his great grandfather. The ancestor died in the reign of
James V.

General Service (Inq. Gen. No. 736). George Currour of Swaillerid to George
Currour of Petskillie, his great great grandfather. The ancestor died in the reign of
James VI.

July 15. Special Service (Inq. Spec. Abd. No. 157). William Woid to Alexr. Woid of

Colpnay, his father. The sunny third part of Meikill Finnersie, Littill Finnersie and
Monecht, &c. in the Lordship of Mar. Held of the Crown for service of ward and
relief. In non-entry since death of ancestor in June 1614.

Octr. 6. General Service. Margaret Keyth to Magnus Keyth, portioner of Finnersie, her

father.

Novr. 13. Curatory. Donald Farquharsone, lawful son of the late Donald Farquharsone of

Tilliegarmond. The next of kin called were Robert Farquharsone of Feinzeane, Alexr.
Farquharsone of Thome, David Farquharsone of Ba , James Gordoune of Knoke-

spok and Wm. Gordoune of Aradowll. The minor chose Sir Alexr. Gordoune of
Clunie, knight, James Gordoune of Knokespok, Wm. Gordoune of Kennertie, Alexr.
Farquharsone of Tome, Robert Farquharsone of Feinzeane and James Farquharsone of
Spittell, or any four, of whom Knokespok and Feinzeane were to be two. The laird of
Feinzeane was present and accepted office.

Curatory. Janet Watsone, lawful daughter of the late Robert Watsone in Wod-
toune. The next of kin called were David Watsone in Sigget, Robert Barclay there,
George Watsone, Messenger in Turreff, and Hendrie Kemptie at the Mill of Tiftie. The
minor chose David and George Watsone for her Curators.

1619.
Jany. 12. General Service. James Grant to James Grant of Dilrossat, his father.

29. General Service. John Leslie, son of the late Patrick Leslie in Chappeltoun to

Barthol Leslie in Chappeltoun of Leslie, his paternal uncle.

June 2. General Service (Inq. Gen. No. 839). Mr. Robert Gardyne to Mr. Thomas

Gardyne of Blairtoune, his father.

Octr. 5. General Service (Inq, Gen. No. 858). Wm. Setone of Meldrum to John Setone

of Meldrum, his brother.

76

Diet Books: Vol. Vffl., Part H, Contents

1619.

Octr. 5. Special Service (Inq. Spec. Abd. No. 163). Wm. Setone of Meldrum to John

Setone of Meldrurn, his brother. The lands and Barony of Meldrum, &c. In non-
entry since death of ancestor in July 1619.

6. Service — Terce. Marjorie Innes, widow of Wm. Buchane of Dyce. Her terce

of the Kirktoun of Dyce, with salmon fishing on the Don, Mill of the same, &c. in the
Regality of St. Andrews.

Service — Tutory (Inq. Tut. No. 324). Jeane Buchane, lawful daughter of Wm.
Buchane, burgess of Abd. Mr. Henry Buchane, burgess of Abd., found entitled to
the office of Tutor.

Service — Tutory (Inq. Tut. No. 325). Marjorie Buchane, daughter of Wm.
Buchane. Mr. Henry Buchane chosen.

Special Service (Inq. Spec. Abd. No. 164). James Heleburtone of Petcair
[Petcur] to Sir James Heleburtone of Petcair, knight, his father. Half lands and
Barony of Drumblait, &c. Held of the Crown for service of ward and relief. In non-
entry since death of ancestor in Febry. 1619.

19. General Service (Inq. Gen. No. 864). Mr. James Forbes of Hauchtoune to

Robert Forbes of Tollie [? Coulie], his immediately elder brother.

Septr. ii. General Service (Inq. Gen. No. 855). John Forbes of Leslie, as heir of conquest

to Robert Forbes, portioner of Coulie, his immediately younger brother.

Special Service (Inq. Spec. Abd. No. 162). John Forbes of Leslie, as heir of
conquest to Robert Forbes, portioner of Coulie, his immediately younger brother. Six
ploughs of Culie, &c. Held blench of Wm. Forbes of Monymusk. In non-entry since
death of Robert Forbes in July 1619.

Jany. 3. Special Service. John Lowsone, burgess of Abd. to Adam Lowsone, burgess of

Abd., his brother. Two oxgait of the two sunny ploughs of Percock. One oxgait of
the sunny plough of the shadow half thereof. Also one-seventh part of three oxgait of
all three ploughs thereof. Old value io/- Present value 4O/- Held blench of Alexr.
Fraser of Techmurie. In non-entry since death of Adam Lowsone in Octr. 1618.

1618.

Augt. 19. General Service (Inq. Gen. No. 770). George Leslie of that Ilk to Alexr.

Leslie of that Ilk, his great grandfather. Alexr. Leslie died in the reign of Mary,
Queen of Scots.

Special Service (Inq. Spec. Abd. No. 158). George Leslie of that Ilk to John
Leslie of that Ilk, his grandfather. Church lands of Leslie, &c. Held formerly of the
vicars of Leslie, thereafter of the Crown in feu farm for payment of 4 merks. In non-
entry since death of predecessor in Novr. 1 592.

1619.
June 30. General Service. David Skeddowaye to Alexr. Mowat, his maternal grandfather.

77

Aberdeenshire Sheriff Court:

1619.

Novr. 1 6. Special Service. John Chein, lawful son of the late Gilbert Chein, formerly of

Tilliburies to Wm. Chein, his father's brother. The lands of ? Owerhills in the parish
of Kellie. Held blench of John Gordoun of Buckie. Old value 5/- Present value
2O/- In non-entry since death of ancestor ' ' in bello Muscovitano inter Pollones et
Muscovitas" in 1614.

30. General Service (Inq. Gen. No. 870). William Blackburne to Mr. Peter

Blackburne of Endowie, his brother.

Special Service (Inq. Spec. Abd. No. 165). William Blackburne to Mr. Peter
Blackburne of Endowie, his brother. Parts of Mekill Endowie in Alford. Held of
the Crown in feu farm for payment of 2O/- In non-entry since death of ancestor in
• Octr. immediately preceding.

17. General Service. Thomas Gordone to Alexr. Gordone at Kethockismilne, his

father.

June 30. Special Service (Inq. Spec. Abd. No. 161). George Leith to Gilbert Leith of

Barnes, his father. The shadow part of Erlisfield in Premnay. Held blench of George
Leslie of that Ilk. In non-entry since death of ancestor in Octr. 1603.

Deer. 1 6. General Service. Elizabeth Eraser to James Brabner, in Abd., her

maternal uncle.

1620.

March 2. General Service (Inq. Gen. No. 894). James Crichtoune of Frendraucht to

James Crichtoune of Frendraucht, his father.

June 9. Special Service (Inq. Spec. Abd. No. 167). Patrick Leith of Liklieheid to Wm.

Leith of Liklieheid, his grandfather. Auchnagathill and others, described at great
length. In non-entry since death of ancestor in June 1598.

April 25. General Service. George Baird of Auchmedden to Gilbert Baird of Auch-

medden, his father.

Special Service (Inq. Spec. Abd. No. 166). George Baird of Auchmedden to
Gilbert Baird of Auchmedden, his father. The lands of Auchmunziell, Carnebanno
and others in the Lordship of Deir, now called Altrie. Held formerly of George, Earl
Marischal, and now of Lord Wm. Keith of Altrie. In non-entry since March
immediately preceding.

June 7. General Service (Inq. Gen. No. 900). Alexr. Craige to Wm. Craige of Craigis-

fintraye, his father.

26. Special Service (Inq. Spec. Abd. No. 168). Mr. James Skein to Mr. Gilbert

Skein of Waster Corss, his father. Half lands Corsindaye, Carndaye, Badinley,
Endovie, Badevin and Kebitie, all held of Alexander, Master of Forbes. In non-
entry since death of ancestor in November 1616.
1621.

Jany. 10. Service — Terce. Marjorie Innes, widow of Wm. Buchane of Dyce. Her terce

of the lands of Petmedden in the parish of Dyce, fishing on Don and others.

78

Diet Books: Vol. VIE, Part IL, Contents

1621.

Jany. 31. Special Service (incomplete). Patrick Davidsone to Mr. Wm. Davidsone,

burgess of Abd., his father. An annual rent of 100 merks, payable half-yearly at the
feasts of Pentecost and St. Martin ; but a page is missing, and the lands therefore not
found.

Date wanting. General Service (incomplete). John Muir to Katherine Muir, his paternal aunt.

March 14. Special Service (Inq. Spec. Abd. No. 169). Wm. Gordone of AbirzeWie to

James Gordone of Midmar, his paternal grandfather. Carntrailzean, with mill, &c.
Held blench of James, Earl of Buchan. In non-entry since death of ancestor, "qui
decessit in bello de Pinkie in mense Septembris" 1547.

June 9. Special Service. Charles Chalmer to John Chalmer in Fintray, his father. The

lands of Corskie and Tillebrekie, being parts and pertinents of the lands of Coisindaye.
As also the mill of Corsindaye in the parish of Midmar. Held in feu farm for payment
of ^4, formerly of Wm. Forbes of Corsindaye, but then of James Garioche of Kinstair
and the heirs of the late Mr. Gilbert Skein of Waster Corss, in virtue "decreti
appretiationis earumdem pro certis pecuniarum summis per dictum Gulielmum Forbes
dictis personis suis creditoribus debitis et non solutis." In non-entry since death of
ancestor in Novr. 1605.
1620.

Octr. 4. Service — Terce. Janet Ramsay, widow of Wm. Birnie in Fraserburgh. Her

terce of the shadow half of the shadow third of Estir Tyrie, in the Barony of Phillorth.
" Necnon in totis et integris quatuor solaribus lie dealls cum dimidietate alterius lie
daill Solaris partis terrarum de lie bank una cum umbrali parte lie rige de Sandeland
vulgo sa maikle of the shaddow rige as the said four sone daills and shaddow halff
daill wyneis upone."

1621.
June 27. General Service. George Keith to Gilbert Keith in Lorstoune, his father.

Special Service (Inq. Spec. Abd. No. 170). George Keith to Gilbert Keith in
Lorstoune, his father. The lands of Ower Cremongorthe in the parish of Cremonperk.
Held blench formerly of Lord William Hay of Urie, then of Francis, Earl of Erroll.
In non-entry since death of ancestor in Octr. 1618. Reserving to David Woid, fifth
son of the late Archibald Woid of Middle Disblair, an annual rent of ^40 out of the
sunny third part of said lands. Also to James Woid, grandson of the said Archibald,
an annual rent of £20 out of the shadow fourth part thereof. Also to Walter
Woid, seventh son of Archibald, an annual rent of £20 out of the sunny fourth of the
shadow half thereof.

Octr. 31. Special Service (Inq. Spec. Abd. No. 171). Alexr. Skene to Janet Skene, his

mother. Part of Auchtererne, &c. Held of the Crown for service of ward and relief.
In non-entry since death of ancestor in March 1621.

1622.

Febry. 13. Service — Tutory. James Elphinstoun, son of John Elphinstoun of Warthill.

Mr. James Elphinstoun of Bairnis found entitled to the office.

Service — Tutory. Alexander Elphinstoun, son of above. The said Mr. James
Elphinstoun appointed.

79

Aberdeenshire Sheriff Court

1622.

Febry. 27. Special Service (Inq. Spec. Abd. No. 172). George Gordoune of Halheid to

Patrick Gordoun of Halheid, his brother. Halheid and Corquhunderland in the parish
of Cushnie. Held of the Crown for service of ward and relief. In non-entry since
death of ancestor in Octr. 1621. Reserving to Janet Gordoune, mother of George, her
liferent rights.

March 13. Service — Tutory. Thomas Mortimer, lawful son of the late Wm. Mortimer,

Jun., in Logiedurnocht. Andrew Mortimer in Ryhill found entitled to the office.

June 5. Special Service. John Leslie of Petcapill to Duncan Leslie of Petcapill, his

father. Kirktoun of Daviot, with the teinds, &c. in the parish of Daviot. Held feu
of the Crown by annexation for duty of 19 merks. In non-entry since death of ancestor
in Septr. 1602.

12. General Service (Inq. Gen. No. 1030). Elizabeth Innes, wife of Lachlan Grant

of Wester Elshois [? Elchies] to John Innes of Auchluncart, her grandfather.

14. General Service. Thomas Mengzeis to Robert Mengzeis, formerly of Boighoill,

burgess of Abd., his father.

Service — Terce. Isobell Forbes, widow of James Gordoune, fiar of Newtoune.
Her terce of the lands and Barony of Newtoune of Wranghame, containing in special
Newtoune of Wranghame, with grain and walk mill thereof, Kirktoune of Colsalmound,
Leddinghame with mill, &c. with the customs of Saint Serfs market.

1619.
June 9. General Service. James King to Wm. King of Barraucht, his father.

Novr. 17. General Service (Inq. Gen. No. 869). Isobell Forbes to Robert Alerdes of that

Ilk, her father.
1620.
Jany. 26. General Service. Francis Leslie to John Leslie in Keithnie, his father.

1622.

July 10. Special Service. Jeane Buchane, one of the daughters and co-heirs of Wm.

Buchane of Dyce, her father. Nether Dyce with the pendicles called Rethis and Glen,
with salmon fishing on the Don, with privileges and pertinents, and specially those
belonging to a free Barony, situated in the Thanage of Kintore. In special warranty of
the foregoing, the lands of Dunnideir and mill thereof, Rothmurriell with the office of
Bailliary of the Regality, situated in the Regality of the Garioch. Also Kirktoune of
Dyce and others, with the jurisdiction of Bailliary of Regality, situated in the parish of
Dyce and Regality of St. Andrews. The lands of Petmedden with the right of taking
fish in the Don, &c. Nether Dyce, Rethis and Glen, held in feu farm from the Crown
for payment of £8. Dunnideir and others held of the Crown in feu farm for payment
of £40. Kirktoune of Dyce held of the Archbishop of St. Andrews in feu farm for
payment of £6 135. 4d. Petmedden held of the Provost and Baillies of Abd. in feu
farm for payment of £6 and 84 bolls of victual, half meal, half malt, and other duties.
The whole subjects in non-entry since death of ancestor in June 1619.

80

The Minute Books of Judicial Enactments
Vol. L, 1 605-8

The foregoing was the title given to a series of eight volumes,
covering the greater pirt of the period from 1605 to 1729, by those who
caused the various Books to be cared for and freshly bound in the first
half of the ipth century. Whether there ever existed older books of the
same class or not cannot now be either affirmed or denied ; but, un-
questionably, numerous instances of the kind of entries which they
contain were, before the date at which this series opens, found scattered
through the Diet Books. It may quite well be that the Sheriff Clerk
who had begun specialization by opening a Decree Book in 1597 was
now merely proceeding farther upon the same lines.

The name by which these volumes are called is quite fairly descrip-
tive of their contents. They contain the record of appearances in Court
by parties themselves, or by procurators for them duly authorised, for the
purpose of declaring themselves bound in facie curice either to do or to
abstain from doing certain acts. The obligation to stand security for an
arrestee, that the goods or money arrested should be forthcoming in due
course of law to the arrester, was a very common form of judicial
enactment, as was also the obligation to produce an accused person for
trial under a penalty. Of Renunciations and Discharges by married
women, coupled with Ratifications on oath binding themselves not to
challenge deeds granted by them or to which they were parties along
with their husbands, or which had been granted by their husbands with
some possible prejudice to their rights, there are a great number, most of
them carried through in Court at Aberdeen ; but some, to suit the
convenience of county ladies, on commission at their own residences in
the country. Agreements or obligations to remove from land are also
numerous. There are also occasional instances of the Registration of
writings for execution.

In this class of Books of Court are naturally to be found more
signatures than in any other, and where the parties could write they

L 8 1

Aberdeenshire Sheriff Court

signed the entries. Many, especially in this volume, are unsigned.
The Sheriffs depute sometimes signed, but not always, and it is
difficult to account for their neglect to do so. Procurators who
appeared in virtue of mandates for absent clients rarely did so.
Although quite usual in subsequent volumes of this series, no instance of
Notarial subscription has been observed in this volume. A few leaves
would seem to be wanting at the beginning of the volume, which con-
sists of 176 closely written pages.

82

Table of Contents of Vol. L of Minute Books of
Judicial Enactments

1605.

Novr. 18. Loosings of Arrestments. Barbara Mowat, Lady Leisk, Wm. Leisk of that

Ilk and George Gordoun of Bogbray v. Alexr. Forest in the Newtoun of Colliestoun.
Claim for the rent and arrears of rent of Bogbray. Cautioner Andrew Reid of
Colliestoun.

23. Isobell Mar in Cowsteanis v. George Malis in Badindauche. Cautioner Mr.

William Ray in Waster Fintray.

28. George Dempster of Ordley v. Alexr. Forbes in Turref, Wm. Forbes his son,

Thomas Chalmer there and Alexr. Chalmer his son. Cautioner Wm. Houstoun in
Turref.

Discharge and Ratification. Christane Lumisden, one of the daughters and
co-heirs of the late Mr. Robert Lumisden born to him and his wife Elct Keyth, and wife
of Alexr. Duff of Torrisoul, in favor of Mr. Robert Lumisden now of Affleck. Mrs.
Duff had certain rights under the Charter by which Mr. Robert Lumisden [presumably
her brother] succeeded to the lands of Affleck, &c., which had been executed at
Auchnacant on 4 March 1583. In consideration of certain sums paid to her, she, out-
with her husband's presence, discharged her rights, renounced the exception " Senatus
Consulti Velliani and all utheris introducit in favours of women," &c. , and gave her
oath not to quarrel this discharge. A right to a chalder of victual yearly was reserved.
Her husband then appeared and consented, the signatures of them both and of the
Sheriff depute being appended to the entry.

Deer. 10. Loosings of Arrestments. George Dowertie in Archedlie v. George Barclay of

Auchredie and Andrew Dauidsone, George Lyell, Robert Philip and Patrick Cowesone,
all in Auchredie. Cautioner Sir Patrick Barclay of Tollie, knight.

14. James Dempster, portioner of Ordley v. James Mershell, Messenger. Here there

was a written obligation granted by James Sincler in Park of Fyvie as cautioner, which
was presented for registration by Mr. Wm. Chalmer, Advocate.

1 6. George Barclay in [? of] Auchredie v. George Douertie in Archedlie, John

Douertie, elder, there, John Hendersone there, John Douertie, Merchant there, and
Wm. Douertie in Lytill Meldrum. Here also there was a written obligation, granted
by George Gordone, fear of Haddoch, as cautioner, which was presented by Mr. Robert
Paip, Advocate.

30. Caution for Fulfilling a Marriage Contract. Duncan Mar in Newseit of
Tolchone v. Andrew Akin in Kirkhill of Fowerane. Akin had apparently married
Margaret Mar, daughter of Duncan Mar, and by this act Mr. John Irwing in Owerhill
of Petgirssoche became cautioner for " the furthe freing of certane heids of ane contract
of matrimonie maid " between them.

83

Aberdeenshire Sheriff Court:

1606.

Jany. 2. Theft The Procurator Fiscal (Mr. Wm. Barclay) v. William Walker in Thunder-

toun. Henry Middiltoun of Clackhill was surety that accused would appear on 21
January, on a charge of stealing from Andrew Fraser of Stanewod of " certane guids
geir pleuch irneis and pleuch geir and for sic uther capital cryms as sal be laid to his
charge."

6. Loosings of Arrestments. Dame Elet Gordoun, Lady Kinmundy, and Mr.

Robert Gordoun her son v. Alexr. Gordoun in Avachie. Sums of money arrested in
the hands of John Bruce and Andrew Wodman, indwellers in Smallburne. Cautioner
Robert Innes of Elrick.

13. Alexr. Irwing in v. Patrick Leslie, burgess of Abd. Cautioner John
Leslie of Bolquhyne.

14. Alexr. Fraser of Newforest v. James Mershell, Messenger, Robert Dauidsoun in
Quhytrassis, Robert Dauidsoun in Lanschor, Thomas Chalmer in Turref, Alexander
Chalmer his son, Wm. Forbes, Merchant, Wm. Messer, Messenger. Cautioner Alexr.
Forbes in Turref.

23. John and Arthur Cheyne v. John Duncan, " Froster," in Fyvie. Cautioner James
Merschell, Messenger in Fyvie.

29. George Banerman of Watertoun v. Patrick Hay of Hadow. Two stacks of corn
in the yard of Alexr. Wilicok in Ellon. Cautioner Gilbert Keithe of Auchheiris.

30. George, Earl Merschell v. Patrick Bodie in Myir Syde. Cautioner George
Quhytheid, burgess of Abd.

Feby. 15. Barbara Forbes, Lady Delgaty and Archibald Dowglis of Burnetill [or Burnetie]

her husband v. James Inneis in Ardgrane. Cautioner Patrick Cruikschank in
Erllseat. The arrestment was for rents for 1605 and 1606.

17. Thomas Meldrum v. John Inneis of Logialtoun. Cautioner Robert Inneis of

that Ilk.

19. Patrick Maitland in Andet v. Nicoll Gib in Haddoch. A stack of oats belonging

to Nicoll Gib and standing in the yard of James Gib in Lytill Meythlik. Cautioner
James Birny in Tarves.

23. Alexr. Walker, son of Gilbert Walker in Dudeweick v. Agnes Craigheid there,

mother of Alexander Walker. Alexr. Walker had arrested in order to secure his
legitim. Cautioner for the mother Wm. Kempt in Litill Arnage.

March George Banerman of Watertoun v. Mr. Robert Paip, Patrick Hay in Haddo and

Henry Annand. Corn in barnyards at Ellon. Cautioner Gilbert Keythe of Aucheres.

4. Wm. Irwing of Eister Heltie v. Thomas Duncane at the Mylne of Eister Beltie.

The arrestment was to secure the landlord's claims against Duncane for not entering to
the mill, which had been let to him, and for rent. Cautioner Alexr. Burnet, elder,
burgess of Abd.

84

Judicial Enactments: Vol. I., Contents

1606.

March 8. Loosings of Arrestments. John Raye, burgess of Abd. v. John Cowper at the

Mylne of Udnie. Raye had arrested in security of a claim of 100 merks. Cautioner
Wm. Udnie of that Ilk.

19. George Car in Benwellis v. Gilbert Dauidsone there. Car had arrested in security
of the rent of Benwellis for crop 1603, 4, 5. Cautioner David Prait in Bathalny.

James Dickie, Pyper v. Gilbert Tailzeour, Messenger in Birnes. 500 merks
belonging to Tailzeour. Cautioner Andrew Crukschank, Messenger in Ellone.

20. Bond of Assythment. The widow and children of the late John Innes, sometime
in Newburgh v. Wm. Chalmer, servitor to Wm Blak in Newburgh. Mr. Robert Paip,
Advocate, and Mr. Wm. Chalmer, Notary, became bound to pay ^100 to George Innes
and James Findlay in Newburgh, for behoof of the widow in liferent and the children
in fee, in satisfaction for the death of John Innes at the hands of Wm. Chalmer. Both
the obligants and John Gordone the Sheriff depute signed the entry.

Removing. James Settoun of Petmedden v. Alexr. Gray in Craig of Walethein
[? Allathein]. Gray consented to remove from four oxengait instantly, but Marjory
Sangster his wife was to be allowed to occupy the dwelling house until Whitsunday.
Gray farther admitted £$i of arrears of rent, for which he disponed " thrie oxin & twa
key " to the landlord. Provision is made for the disposal of the surplus value of the
animals should there be any.

26. Loosings of Arrestments. James Ogiluie of Birnes v. Agnes Craigheid in

Dudwik. (Supra 23 Febry.) Ogilvie had arrested 2200 merks to which he alleged he
had right, but of which Agnes Craighead claimed the liferent. Cautioner Wm. Kempt
in Littill Arnage.

29. Gilbert Keithe of Auchires v. Margaret Innes and James Keithe, her husband.

The arrestment was used in security of a claim for the "alledgit distroying doun
cutting of the grein growing treis1 within the yards of the lands of Auld Auchires and
doun casting of the houssis " &c. Cautioner John Andersone in Dennies.

Apl. 9. Francis, Earl of Erroll v. Wm. Hay in Ludquharne. The arrestment was for the

Earl's alleged right to the multures of the "cornis that is in the Gask of Cruden."
Cautioner Mr. Wm. Ord, burgess of Abd.

14. George Gib, burgess of Abd. v. John Dauidsone, Tailzeour at the Kirk of Fyuie.
The arrestment was for an alleged debt of £21. Cautioner Patrick Symsone at the
Pryors Milne of Fyvie.

15. Act of Eviction and Possession. John, Lord Saltoun v. James Mill. In
virtue of letters from the Supreme Court, Lord Saltoun charged John Gordoun of
Bogis, the Sheriff depute, to put in force a Decree of Removing at the instance of
Alexr. Mowtray, burgess of Abd. (to which he was assignee) against the tenants of
" tua pleuches" of Mains of Drumbrek, and to put him in possession. The procedure
upon the ground is given in the entry.

I A Statutory offence severely punishable.
85

Aberdeenshire Sheriff Court:

1606.

April 1 8. Lawborrows. Walter Jamesone in Tulloche v. James Philp in Owertoun of Dyce.

Gilbert Johnestoun in Owertoun was cautioner under penalty of ^100. It was con-
ditioned that if Philp removed at Whitsunday the cautioner was to be free by giving
the Sheriff depute notice and entering him in the Tolbooth within 15 days before the
term.

26. Loosings of Arrestments. James Merschell, Messenger v. Robert Schand in

Ordley. Stocking and effects. Cautioner George Dempster, portioner of Ordley.

Andrew Cruickshank in Ellone v. Alexr. Willicok in Ellone. Crop, stocking &c.
Cautioner David Kempt, Baxter, burgess of Abd.

Act of Caution. Elspet Eduard in Kirktoun of Skeyne v. Isobell Alexander
there. Alexr. Thome in Kirktoun was cautioner to enter Elspet and James Thome in
Kirktoun of Skeyne " to abyd tryell for sic thingis as ma be laid to their chairge."

Witchcraft. Elspet Adame, wife of David Norie, for whom Thomas Youngsone,
burgess of Abd. was cautioner that she should enter before the Sheriff or his deputes
upon six days charge.

May I. Removing. Mr. James Eorbes of Auchinclache v. James Riddell in Easter Echt.

The subjects were " ane sone pleuche " described also as " the said sone aucht oxingait"
of Easter Echt.

6. Loosings of Arrestments. John Andersone at Cristis Kirk v. James Andersone,
Merchant in Dunneduir. Cautioner Alexr. Eduart, Merchant in Meikill Wardes. The
claim was for 40 merks.

7. John Gray at the Milne of Leisk, George Gray his brother and John Davidsone in
Balschamsie z». Alexr. Hucheon in Eister Auchlowchies. Cautioner Alexr. Leisk in the
Maynes of Leisk.

16. Accounting. John Gray at the Milne of Leisk, George Gray his brother and

other children and grandchildren of the late Jean Bruce in Auchquharnie v. Thomas
Hay in Cask of Cruden. Cautioner James Bruce in Aythie.

30. Loosings of Arrestments. Wm. Leisk of that Ilk v. Patrick Cruikschank in

Auchlaithin. Cautioner James Innes in Ardgrein.

June 2. Magnus Mowat of Balquhollie •v. John Barclay in Woidend. Cautioner Sir Patrick

Barclay of Tollyie.

5. Robert Innes of Elrik v. Mr. Andrew Bedie in Fraserburgh. Besides the general

arrestment there are mentioned "sic sowmes of monie as ar in the hands of Michael
Eraser of Techmurie." Cautioner Gilbert Keithe of Auchireis.

Andrew Reid of Collystoun v. Alexr. Wegins in Collystoun. What was arrested
was "his biging doris windowis cupliis ruiffis and uthers belanging thairto standing
upone the toun and lands of Dowbmyre of Collystoun." Cautioner Gilbert Wegins,
Baxter, burgess of Abd.

86

Judicial Enactments: Vol. L, Contents

1606.

June 5. Loosings of Arrestments. Mr. Samuel Keythe in Conzeik v. James Gray in

Conzeik. Cautioner Gilbert Dauidsone in Benwells.

6. Wm. Straquhan of Glenkinclie v. Thomas Kennedy in Auchnagait. Cautioner
George Gordoun of Uilspro.

The Laird of Frendraucht v. James and John Murray in Craynelocht of Fren-
draucht. Cautioner George Cruikschank of Tullymorgan.

John Gordoun of Sawok v. Alexr. Meldrum in Medabel and Arthur Meldrum his
son. ' ' Biginges doris windowis cupills panes ruiffis and uthers belanging thairto and
standing " upon Medabel. Cautioner George Meldrum in Polquhyt.

7. Wm. Gordoun of Abirgeldie v. Alexr. Burnet of Leyes. Peats &c. cast upon the
Hill of Fair and specially on the west part thereof. Cautioner George Gordoun in
Inwerrie.

Mr. John Leslie, Minister at the Kirk of Glenmuik v. James Gordoun in Keand-
toris. The half vicarage of the Parish of Tullich belonging to Gordoun. Cautioner
Archibald Scheves, burgess of Abd.

James Gardyne of Blakfuird v. John Smyth in Badaquhais. Cautioner John
Gordoun of Tillichowdie. John Smyth, elder, in Littelfolle, father of the defender,
joined in the obligation of relief.

Wm. Forbes of Petsligo v. Alexr. Clark in Nather Bunlay. Cautioner Alexr.
Gordoun in Carnemurrey.

Wm. Forbes of Corsinday v. Alexr. Mylne in Kintocher. Cautioner John Gordoun
of Bracka.

Wm. Forbes of Corsinday v. Wm. Merser in Kintocher. Cautioner John Gordoun
of Bracka.

Judicial Ratification. Elspet Meingzeis, wife of James Brabner, burgess of
Abd. James Brabner was holder of a wadset over the shadow half of Balhagartie
extending to 12 oxengait, in security of 2250 merks, which John Erskine, fiar of the
lands, was now repaying. Brabner's wife by this act ratified the redemption of the
land, discharged her right of conjunct fee and all other rights she had, and renounced,
as was usual, "all exceptiouns of the law quhairbe scho may cum in the contrair
speciallie Senatus Consulti Velleani and all uthers introducit in favours of women."

Loosings of Arrestments. Johne Keithe in Auchtilair v. Wm. Faywie in
Auchtilair. Cautioner Alexr. Fraser of Kindrocht.

9. George Craufurd of Anachie v. Wm. Mar in Anachie. Cautioner Alexr. Cheyne

in Cauldwallis.

Wm. Keithe of Pettindrum and Barclay his mother v. James Cruden at

the New Mylne of Felorthe. Cautioner Robert Stewart in Invernorthe.

Wm. Huntar at the Mylne of Ferriehill v. Andrew Skeyne in Auchquhorrie.
Huntar's claim was for abstracted multures. Cautioner John Forbes, burgess of Abd.

87

Aberdeenshire Sheriff Court:

1606.

June 9. Judicial Ratification. John Forbes of New and Isobel Burnet his wife to Wm.
Irwing of Murthill. Forbes granted the receipt of ^1000 for the redemption of " Wast
toun in Cromar lyand within the parochin of Tarlen," and his wife as conjunct fiar
ratified the redemption. The Contract of Reversion, Charter and Sasine were given up.

10. Loosing of Arrestment. John Ewin, elder and younger in Beildcrages v. Wm.
Burnet in Banchorie. Cautioner, Alexr. Burnat, apparent of Cluny.

Accounting-. Isobell Leisk, widow of Wm. Banerman in Nethir Aslied and
Alexr. Kennedy her husband v. Walter, Patrick, Elspet, Marjorie and Agnes Baner-
man, children of the said Wm. Banerman, and George Banerman of Watertoun, their
tutor. Cautioner John Gordoune, son of John Gordoune of Carnburrow.

Submission and Decree Arbitral. John Irving of Artamfart and John Irving
of Haltoun, his father, on one part, and Mr. Alexr. Irving, Advocate in Aberdeen for
himself and Elizabeth Irving, his lawful daughter, and for his other children on the
other part. The subject in dispute was the Teind Sheaves of Fitmurchie. The sub-
mission was signed at Aberdeen and Corsinday 5 April 1606, and the Decree Arbitral
was signed by Sir Alexr. Irving of Drum, the sole Arbiter, on 28 April following.

1 1 . Loosings of Arrestments. Gilbert Baird of Auchmaiden v. Win. Tailzeour in
Clintertie. Cautioner Duncan Forbes of Bytht.

Alexr. Lasone in Creauche v. John Clark in Torreis. Cautioner John Leslie in
Carnnye.

Mr. Wm. Reid, burgess of Abd. v. John Findlater in Tillimald and Andrew
Findlater in Brachanes. Mr. Reid (presumably the Advocate of that name) was suing
an action of eviction from Brachanes. Cautioner John Forbes of Tillichirie.

Removing. John Leslie of Wardes v. William Paull in Kirktoun of Dyce. The
tanant appeared and consented to remove from his holding.

17. Loosings of Arrestments. John Clark in Torreis of Touche v. Alexr. Lasone

in Kreauche of Touche. Cautioner Thomas Straquhan, Flesher, and frieman of Abd.

Robert Innes of Elrik v. James Arthe, Cordiner in Annachie. Cautioner James
Crawfurd in Kidhill.

28. Adam Gordoun in Boighoill, son of the late George Gordoun of Saphak v. Jeane

Gordoun, widow of the said George Gordoun. " The haill wictuall perteining to Jeane
Gordoun, relict of umquhill George Gordoun of Saphak presentlie in ane kirnall of
Boigheids and uther wictuall perteining to the said Jeane." Cautioner John Gordoun
of Ardlogy.

July 3. Alexr. Coupland of Idoche, Elspet Efflek his mother, John Forbes of Bruxis, Wm.

Coupland, Wm. Gordoun there, tenants of the Lands of Balchinnie v. Magnus Mowat
of Bucholie and his tenants and servants of the Maynes of Bucholie, Kearthin and
Yewbray. "The peitis fewaill fell douat and cornis sawin and cassin be the said
Magnus and his saids tenentis upon the lands callit the Glenhill." Cautioner James
Mowat in Smydieseit.

88

Judicial Enactments: Vol. L, Contents

1606.

July 4. Loosings of Arrestments. Isobell Chein, mother of James Kenedie of Carmuk

and wife of Magnus Mo wat v. the said James Kenedie. "The pettis fewell feill and
dowettis cassin be the said James and his servands in the moss of Carmuk" in the
parish of Ellon. Cautioner Baillie William Gray of Abd.

Alexr. Abill in Glasgo and David Scot in the Cottowne of Hall of Forrest v. Walter
Chein, brother of Mr. Patrick Chein of Ranestoun. Walter Chein's corns had been
arrested at the instance of Abill & Scot " be the officiar of George, Erll Marschell at
the command of his LL. [Lordship's] Baillie of the Baroneis of Kintore Skein and
Kinellar for ane alledgit releiffe of ane half of ane seasing ox and thrie firlottis
officiar corne." Cautioner Mr. Patrick Cheine, son of Mr. Patrick Chein of Ranestoun.

5. John Gordoun of Tillielt v. John Deuertie at Mylne of Pettie. The claim was for

a penalty of £<) "for nocht heroching of certan corbellis in dew tyme." Cautioner
Andrew Robertsone in Pettie.

8. Wm. Setoun of Disblair v. Thomas Baverlay in Logic. Cautioner William Forbes

of Logiefintray.

14. Gordoun of Blalak v. John Gordoun of Tillachoudie. Peats &c. cast in

1606 by Tillachoudie and his tenants in the moss and muir of Logic and Brume hill.
Cautioner Mr. John Cheyne of Petfichie.

17. Alexr. Gordoun of Sueillend and Litill Gowill v. Wm. Forbes of Logiefintray.

Peats &c. Cautioner Andrew TIervie of Elrik.

22. Mr. John Cheyne of Petfichie v. Henry Mowtray in Pervinnes, John Gordoun of

Crabistoun and James Andersone in Chappiltoun of Steaniewoid. Cautioner Robert
Stewart, burgess of Abd.

25. John Forbes of Camfell v. John Irving of Haltoun. Peats &c. within the Pcirk-

hill and Peirk lands of Haltoun and Craigtoun of Lumphannand. Cautioner Peter
Irving in Cairinbadie.

28. John Leith of Harthill v. John Leslie of Petcapill. Peats &c. within the Moss of

Rothemeas. Cautioner Thomas Murray, burgess of Abd.

Wm. Leisk of that Ilk v. Andrew Ross in Fechill. Peats &c. in Moss of Fechill.
Cautioner James Forbes of Lethintie.

30. James Findlay in Angustoune, Annabell Troup, James Chessar and Helen Troup

v. John Cuschnie in Murthill. Cautioner Robert Burnet in Robertstone.

John Gordoun of Tilliquhodie v. John Gordoun of Blelok. Peats &c. in the Moss
of Brumhill and in the Moss at the back of Tornamuide. Cautioner Patrick Gordoun
of Hallheid.

Mr. Thomas Nicolsone, Commissary of Abd. v. John Leyth of Edingcrrak and
Adam Gordoun of Boigholl. Peats &c. cast by Leyth and Gordoun and the tenants of
Boigholl. Cautioner Alexander Cruikschank, younger, burgess of Abd.

M 89

Aberdeenshire Sheriff Court:

1606.

July 31. Loosings of Arrestments. John Gordoun of Blelok v. Mr. James Leisk,

Minister at Colstane. Peats &c. in the Moss of Brumhill. Cautioner Mr. Robert Paip,
Advocate in Abd.

Augt. 9. James Ogiluie of Birnes v. Alexr. Walker at the Mill of Birnes. Cautioner Alexr.
Hay of Brunthill.

Lawborrows. Wm. Forbes of Logiefintray and Thomas, Andrew and John
Bauerleyis, William Thomsoun and Marjory Clark, his tenants v. Mr. Wm. Neilsoune,
Minister of Fintray. The Minister had been charged by letters from the Court of
Session not to molest these people in their persons or possessions ; but it was arranged
that the caution should be taken in the Sheriff Court, and Alexander Tilliedaff of
Auchedlie was cautioner under penalty of 200 merks.

Ratification Taken Under a Commission (out of date). Isobell Cheyne,
wife of Magnus Mowat of Buchollie. On 16 May commission was granted by the
Sheriff depute and Sheriff Clerk to John Forbes of Gask and Wm. Ogstoun, Notary, as
Sheriff depute and Sheriff Clerk depute respectively, to take the lady's Ratification of a
wadset right granted by her husband over the Mill of Colp for 3000 merks in favor of
James Raittie, elder, in Minamie. The commission was executed at Buchollie on 31
May, but there is no evidence to show on what date it was reported. The Sheriff
depute ordered the report to be registered in the books of Court, which was done at
this place.

12. Loosings of Arrestments. John Irving of Petmurkie v. John Farquharsone in

Clouack. Peats &c. on the west side of the Burn of Clouack. Cautioner Patrick Ross,
younger of Auchlossin.

15. John Irving of Petmurchie v. John Mortimer of Cragiuar. Peats &c. cast by the

laird of Cragiuar or his tenants of Knokandache or Baddindein. Cautioner Mr. John
Lumisden of Cuschnie.

Wm. .Stewart in Knowsteanis v. Thomas Johnestoune, elder, burgess of Abd. The
comes sown by Johnestoune or his tenants of Toux upon the "eist syid of the Reid
burne." Cautioner James Fyane, burgess of Abd.

20. Adam Gordoun, portioner of Boghoill and John Leyth of Edingareaucht v. George,

James and Alexander Cragheid in Kynmondie, James and Wm. Wischart there,
George Forbes, James Hervie and George Tendell in Drumnagar. Whole corn sown
and peats, &c. cast " upone the alledgit lands of Boghoill speciallie upone the Middle-
hill of the same lyand on the estsyde of the saids lands besyde the Urlaburne and
within the moss alledgit to be the Moss of Boghoill upone the northesyue thairof. "
Cautioner James Menzeis, burgess of Abd. , whom Paull Menzeis of Kynmondie bound
himself to relieve.

26. Gilbert Menzeis v. Thomas Kellie, burgess of Abd. Cautioner John Tullidaf,

burgess of Abd.

90

Judicial Enactments: Vol. L, Contents

1606.

Augt. 29. Loosings of Arrestments. James Gordone, apparent of Lesmoir, Alexr. Rireis

in Strathtodla, James Robertsone in Esseis, Alexr. Hay of Damheid, Andrew Robert-
sone in Esseis, Wm. Davidsone there, Thomas Hay and Andrew Smyth v. Wm.
Watsone of Haddoch and Andrew Watsone, his brother. "The haill cornis sawin be
thame" [in 1606] "upone ony pairt of the commounty of Rattrey speciallie upone the
southe pairt of the said commounty lyand upone the northe syde of the said toun and
lands of Haddoch and west syde of ane seat callit the Knapperhillok and upone the
commoun Lone of the said burghe quhilk passis southwest fra the said burghe to
North Esseis and Crufhill." The cautioner was Thomas Mylne, Wricht, burgess of
Abd.

30. Wm. Lorimer, burgess of Abd. v. Thomas Fiddes in Litill Arthath. Cautioner

John Wilguss in Litill Arthath.

James Ogiluie of Blarak as proprietor of Auchleuchries v. Margaret Craigheid and
the other tenants of Didweik. "The duffetis " [divots] "cassin by the arrestees."
Cautioner James Ogiluie of Birness.

Septr. I. Mr. John Mortimer and Elspet Divie his wife v. Gilbert Gray of Schives and his

tenants of Cultis. "The faill cassin besyd the myre land syd allegit part and pertinent
of the lands of Feillitsyde," which lands were said to belong to the female arrester in
conjunct fee. Cautioner Thomas Meingzes of Cultis.

2. Robert Roch in Bandein and Duncan Forbes in Kirktoun v. Wm. Maneacht in
Tilleoch. Cautioner John Forbes of Wester Echt.

Wm. Forbes of Logic Fintray v. Thomas Johnstoun of Middil Disblair, burgess
of Abd. "The cornis sawin be him" [Johnstoun] "upone the South syd of the Reid
burne and [?] Isshohillis." Cautioner Alexr. Litster, burgess of Abd.

3. Nicoll Ross of Auchlossin v. Alexr. Duncane in Ester Tolmadis. Cautioner
Arthur, Lord Forbes.

Gilbert Mengzeis of Petfoddells v. Gabriel Stalker, Mailman, burgess of Abd.
Cautioner Andrew Rait, burgess of Abd.

Patrick Maitland at Bartholl Chappill v. Patrick Maitland in Knockleyth.
Cautioner Malcolme Strathe in Knokleyth.

5. Gilbert Mengzeis of Petfoddells v. Thomas Fraser in Cultis. Cautioner James Gray,
apparent of Schewes.

6. Wm. Watsone of Haddoch v. James Gordoun, apparent of Lesmoir, Alexr.
Rires in Strathtodlie, James Robertsone in Middilessie, James Smithe in Bilbo and
Wm. Smithe there. Crop and peats sown and cast "upoun ony pairt of the lands of
Haddoch propertie or commountie thairof speciallie upone that allegit pairts thairof
callit the Strathburne Brughfeidill moss Greinnesk and Dybill bray lyand upone the
southe south-wast and wast pairtis of the saids lands of Haddoch and upone the
northe pairt of the said towne at that pairt thairof callit the Heuche and Brekla-
moss." Cautioner Adam Gordoune in Bogholl. ( Vide Supra 29 August. )

91

Aberdeenshire Sheriff Court:

1606.

Septr. 6. Loosings of Arrestments. Patrick Cruikschank in Erlisseat v. Wm. Adam-

sone, sometime in Auchlethin, then in Craigheid of Percok. Cautioner George
Adamson in Maynis of Sleanis.

James Forbes of Fechill v. Henry Annand of Orchartoun. Crop stocking, &c.
which sometime belonged to the late Robert Wode in Auchindarge and which he had
conveyed to the arrestee before his death. Cautioner John Wode at the Mill of Fintray.

Gilbert Mengzeis of Petfoddells v. Andrew Kyng, Advocate, burgess of Abd.
Cautioner John Kyng, burgess of Abd.

9. Wm. Forbes of Monymusk v. Arthur, Lord Forbes and his tenants of Cowllie.

" Cornis sawin be the saids tenentis at the eist syid of the Moss of Dillabe callit the
Quhyt Hillokis." Cautioner John Craigheid in Fiddesbeige.

10. Marjorie Steuart, daughter of the late Robert Steuart in Ronallache, and John and
Alexr. Collisone, burgesses of Abd., her Curators v. John Findlatour, sometime in Ard-
fork, then in Cragie. Cautioner Mr. James Forbes of Woodland.

11. Gilbert Chalmer of Counleswallis v. James Strachin in Cultis. Cautioner Richard
Irving, burgess of Abd.

12. Wm. Stewart in Cowstanes and Margaret Gardyne, his wife v. Henry Smart in
Cowstanes and Wm. Materis, Wm. Woid and Isobell Malice there. The corn crop
sown by the arresters within the wood of Garvak. Cautioner Patrick Still in Haltoune
of Fintray.

George Leslie of Crichie and Gilbert Hendrie, burgess of Abd. v. James Thomsone.
Cautioner Archibald Beanes, burgess of Abd.

Andrew Reid of Collestoun v. Alexr. Lorimer in Knappisleisk. Cautioner John
Hay, burgess of Abd.

13. Wm. Leisk of that Ilk v. Alexander Thomsone in Tartie. Cautioner Patrick
Cruikschank in Erillseatt.

Wm. Leisk of that Ilk v. Patrick Cruikschank in Erillseit. Cautioner Alexr.
Cruikschank, brother-in-law to Alexr. Cruikschank, elder, burgess of Abd.

Wm. Stewart of Cowsteanis v. Wm. Forbes of Logiefintray and his tenants.
" Cornis sawin be thame upone the wast syid of the Reid burne." Cautioner James
Hervie of Elrik.

Andrew Reid of Collestoun v. Alexr. Wilguis in Forvie. Corn crop arrested for
the rent of the arrestee's occupation of Dubmyres. Cautioner Gilbert Wilguis, Baxter,
burgess of Abd.

John Gordoun of Craibistowne v. Henry Forbes of Newhillis and John Robertsone,
his tenant in Newhillis, alias Capilhill. "The cornis sawin upone the east syid of the
hill of Bromoun." Cautioner John Forbes, Litster, burgess of Abd.

92

Judicial Enactments: Vol. L, Contents

1606.

Septr. 13. Loosings of Arrestments. Magnus Mowat of Buchollie ». Alexr. Copland

of Idoche and Elspet Efflek, his mother. " Cornis fewaill fell and douattis sawin
schorn castin and win be thame respective upone ony pairt of the Maynis of
Buchollie the Ubray and Keirthen." Cautioner Wm. Udnie of that Ilk.

16. George Merchand in Pennieburne v. Wm. Kars in Crichie. This arreslment was
in security of an alleged debt of 200 merks. Cautioner David Porteous in Frendrauche.

Arthur, Lord Forbes and his tenants of Cowllie v. Wm. Forbes of Monymusk and
his tenants of Dillab. The corn sown by the arrestees upon the South-West part of
the lands of Cowllie "at that pairt callit the Blakhillok," and alleged to belong to the
tenants of Cowllie. Cautioner Thomas Douglas, burgess of Abd.

Elspet Effleck, Lady of Idoche as conjunct fiar of Idoche and Greiness v. Magnus
Mowat of Buchollie. Corns sown and "fewaill, faill and douatts cassin" by the
arrestee upon the lands of Kearthin and Yewbray. Cautioner James Mowat of
Smiddiseat.

17. Wm. Stewart in Cowstanis z>. Henry Smart in Cowstanis, Win. Materis, Wm.
Woid and Isobell Mallace there. Corns sown within the wood of Garvak. Cautioner
George Keith, Sadler in Abd.

1 8. Assault — Blood-drawing. The Procurator Fiscal and Thomas Robertsone and
Alexr. Lorymer v. Andrew Reid of Collistoun, Gilbert Reid his son and apparent heir,
James Reid in Dubmyir, Patrick Snaill, Andrew Snaill his son, Gilbert Ranie, Patrick
Barcar and John Pyat. Mr. Patrick Cheyne, burgess of Abd. was cautioner for the
accuseds' appearance before the Sheriff on 24 September to answer to the charge of
"hurting wounding and blude drawing dinging and striking " Robertsone and Lorymer,
and also for loosing arrestment of goods and gear of the whole accused.

19. Loosings of Arrestments. Wm. Stewart in Cowstanis and Margaret Gairdyne,
his wife v. Alexr. Sommer and Thomas Bauerlay in Lairshill. Corns sown upon " the
Southe syid of the Reidburne " claimed by Stewart and his wife. Cautioner Charles
Robertsone, burgess of Abd.

20. Patrick Leslie of Kincragie, George Leslie, fiar thereof, Isobell Leslie and Wm.
Guthrie, portioners thereof v. John Forbes of Tillekirie, George Symsone and
Elspet Ydill there. Corn sown by the arrestees upon the " Cornefauld and Ouisettis
of Tilliekirie," alleged to be part and pertinent of Kincragie. Cautioner James Forbes
of Tillefour.

Assault— Blood-drawing. Janet Robertsone in Pettemuk v. Andrew Craigheid
in Tillemaid. "Bloid drawing & dinging." Accused to appear on 2 November.
Cautioner Wm. Lyell in Waterishmure.

23. Loosing of Arrestment. Alexr. Keith of Carnculter v. James Clark in Ilousa-

hillis. Cautioner Andrew Clark, burgess of Abd.

93

Aberdeenshire Sheriff Court:

1606.

Septr. 25. Acknowledgment of Intimation of Trust. William Forbes of Tulquhone in

favor of Mr. Walter Donaldsone, son and heir of Alexr. Donaldsone, burgess of Abd.
Consent by Tolquhone to the registration of an acknowledgment by him that Alexr.
Burnet elder, burgess of Abd., to whom he had granted a Bond for 2000 merks, had
intimated that the Bond really belonged to Mr. Walter Donaldsone.

Octr. 2. Loosings of Arrestments. John Leslie of BaSquhane and Robert and Thomas

Smith, his tenants in Blairdaff v. Henry, Walter and Wm. Farquhar and James
Mestowne in Auchorsk. Corn crop on "ane peace of land callit the Gair Boig,"
alleged to be a pertinent of Blairdaff. Cautioner Thomas Murray, burgess of Abd.

4. John Salbe in Gardyn v. Walter Troupe in Arnieboig. Cautioner Alexander

Troupe in Murthill.

7. John Forbes of Petsligo v. James Clark iu Houssahill. Cautioner Sir Alexr.
P'raser of Philorth.

8. Robert Burnet, burgess of Abd. v. Andrew Stewin and Wm. Beanis, burgesses in
Abd. The arrestees were said to have corn in their possession belonging to one
Andrew Browne in Abd. Cautioner Wm. Seignziour, burgess of Abd.

9. Lawrence Cheyne v. John Gordoun of Tillielt. Corn sown by the arrestee upon
the "north wast syd off Braklay Tarves betuixt the myll lands and the [?] Auld burne of
the New Mylne of Tillielt and upone the north syd of the Moss of Braklay " &c.
Cautioner James Gordoun, younger of Tillielt.

17. Alexr. Ross, burgess of Abd. v. John Mikell in Kincardyne. The claim for which

the arrestment had been used is stated thus : " for the allegit cutting and away taking
of the said Alexr. Ross his playding delyuerit be him to the said John Mikell and lane
away as said is throw the said John his^sleuth." Cautioner Alexr. Joffray, Baillie
and burgess of Abd.

25. Renunciation and Discharge. Katherine Gordone, widow of Wm. Setoun,

portioner of Sklaittie, and wife of Patrick Gardyne in Banquhorie in favor of (i) John
Gordoun of Crabistoune ; (2) Mr. George Setoun, Chancellor of Abd., and Mr. Wm.
Setoun, his nephew; (3) Alexr., Earl of Dunfermling, Lord Fyvie and great Chancellor
of Scotland. Mrs. G.irdyne discharged (First) All her rights in the Shadow half of
Sklaittie, Mill of Sklaittie, Wagleye Croft, Millhill Croft and fishings, &c., in favour of
Gordoun of Crabistoune (Second) Her rights in the lands of Bathelnie, Auld Mill of
Bathelnie in favor of Mr. George Setoun and Mr. Wm. Setoun; and (Third) Her rights
to the third part of Rothybirsben in favor of the Earl of Dunfermling. Her husband
consented.

Obligation for Annuity. Mr. Wm. Setoun, son of the late Wm. Setoun of
Sklaittie, as principal, and Berald or Barrell Innes, Citiner in Auld Abd., as cautioner,
in favor of Katherine Gordone or Setoun or Gardyne designed in previous entry. As a
consideration for the foregoing Renunciation and Discharge Wm. Setoun bound himself
to pay to Mrs. Gardyne £100 Scots per annum for her life, and her husband consented
that, as regarded the payment of it, his wife was to be held as preposita negotiis and
her receipts as binding as if granted by him.

94

Judicial Enactments: Vol. L, Contents

1606.

Octr. 28. Loosings of Arrestments. John Wardes v. Robert Merser in Auld Abd. and

Agnes Hervie his wife. Cautioner Andrew Hervie of Elrik,

John Bruce in Essilmont v. Alexr. Walker in Bischop-Birneis and Agnes Craigheid
in Dudweik. Cautioner Alexander Hay of Brunthill.

29. Wm. Davie in Drumrossie v. John Andersone in Chrystis Kirk. Cautioner George
Leang, burgess of Abd.

30. Renunciation. Nicolas Kinnaird, wife of John Gordoun of Petlurge, with her
husband's consent, renounced in favor of Alexr. Gordoun of Cluny, son of the late Sir
Thomas Gordoun of Cluny, Knight, her liferent right or any other right she might have
in and to the Maynes of Newtoun of Gerry and others in the parish of Drumblait.

Novr. I. Renunciation. Dame Helinor Bruce, Ladye Essilmonthe, renounced in favor of

Sir Walter Ogilwie of Findlater, Knt., her rights to " the salmond fischingis of the Ithan
betuixt Macher fuird or Macher Lyne on the said waiter and the Soge fuird of Fyvie "
with the nets, cobles, &c. The lady was to receive as a consideration a sum of 200
merks per annum for life, for payment of which John Forbes of Petsligo, Mr. Alexr.
Cullan late Baillie, and Alexr. Jaffray then Baillie of Abd. were to be obligants.

Bond of Relief. John Forbes of Petsligo in favor of Alexr. Cullen late Baillie,
and Alexr. Jaffray, Baillie of Abd. The obligation of which Cullen and Jaffray were
to be relieved was the one for 200 merks per annum to Lady Elinor Bruce referred to
in the Renunciation by her summarized in the preceding entry.

3. Reset and Maintenance of a Person Accused of Manslaughter. The
Crown v. Thomas Elmslie in Newbredy, Wm. Mackrobie and Patrick Sandesone.
The accused were charged with the alleged "reset and mantanence of George Mack-
robie committer of the slaughter of umquhill George Duncansone." Cautioner Robert
Manro, burgess of Abd.

5. Loosings of Arrestments. Wm. Kyng in Drumbrek v. George Annand in

Orchartoun. The crop and effects of the late Robert Wode sometime in ,

in the hands of Henry Annand of Orchartoun. Cautioner David Kempt, Baxter,
burgess of Abd.

7. John Sollan, servant to Nicoll Ross, Cordoner in Abd. v. George Prenshe,
Cordoner there. Cautioner Andrew Hendersone, elder, Wobster in Abd.

8. The Sheriff & John Leith of Edingerauch v. James Wishart in Kinmondy. The
arrestment had been used in order to secure satisfaction for the alleged " bloid drawing
of David Glaster, servitor " to John Leith. Cautioner Thomas Bavirlay in Logyfintray.

10. John Leslie of Petcapill v. Wm. Cow. Cautioner James Gordoun of Brakay.

95

Aberdeenshire Sheriff Court:

1606.

Novr. 10. Loosings of Arrestments. John Leith, son of the late Patrick Leith of

Bregtoun v. John Leith, portioner of Premnay. Cautioner, Mr. John Lumisden at the
Brig of Done.

Edward, Lord Bruce of Kinloss v. Wm. King in Drumbrek. The claim was for
the alleged spoliation by King of the teind sheaves of his occupation in Drumbrek.
Cautioner George Elphinstoun, Sadler in Abd.

Paull Meingzeis of Kynmondy v. Alexr. Craigheid in Kynmondy. The arrestee
was said to have been "melling and intrometting with the teynd sheawes" of his
occupation. Cautioner Andrew Craigheid in Kynmondy.

Henry Mow tray in Perwinnes v. James Andersone alias Walker in Steaniewoid.
Mowtray claimed to be donator to the escheat of the arrestee. Cautioner Mr. Duncan
Forbes in the Lettir of Skein.

12. Renunciation and Discharge. Janet Gordone, only lawful daughter and child
of the late Thomas Gordone, sometime apparent of Kennertie and Katherine Gordone,
his wife, now wife of Arthur Forbes in Engzean. In consideration of 1200 merks paid
as dot and tocher to her husband with.her by William Gordone of Kennertie, her uncle,
Janet Gordone renounced all rights to Kennertie and fishings, &c. in Peterculter. Also
to Braichlay, Balnacragis and Braeroddakis in Glenmuick. Also to the whole
moveable estate of her father, mother, or John Gordone of Kennertie, her grandfather.
Arthur Forbes consented.

Assythment. William and David Umphray, children of the late Patrick Umphray
in Baikiehill and Helen Differie his widow, in favor of Thomas Meldrum in the Milne
of Darley. The children with consent of Peter, Bishop of Abd., Mr. James Ross,
Minister there, and Alexr. Chalmer, Messenger there, acting as their Curators for this
purpose, and the widow, in consideration of ^40 Scots and a boll and a half of meal
yearly for four years discharged and forgave Meldrum. This act of Court was to be as
effectual to Meldrum as a " Letter of Slains."

Discharge of a Wadset. George Leslie of Crichie in favor of George Leslie of
Auld Craig. George Leslie of Crichie, as heir of conquest to Mr. Wm. Leslie of
Warthill, his brother german, was in right of the Multures of Auld Craig, which had
been disponed by Crichie to Warthill under reversion of 500 merks. In consideration
of 300 merks now paid in complete payment of the 500, Leslie of Crichie declared the
subjects to be redeemed and renounced all right to them.

13. Discharge, Renunciation and Ratification. George Gawyn at the Mill of
Allathein and Isobell Setoun, his wife, in favor of Wm. Setoun of Eister Disblair. In
consideration of 800 merks, being the amount of a wadset right constituted on 1 1 Febry.
J599> Gawyn declared to be redeemed from him and his wife by Setoun " All and Haill
the half of the sone half lands of Logyruiff with the pertinentis sumtyme
occupeit by umquhill Johne Hendersone lyand within the parochines of Logybuchane
Udnie and Foverane." The act was ratified on oath in the usual way by Gawyn's wife.

96

Judicial Enactments: Vol. L, Contents

1606.

Novr. 14. Judicial Obligation. Henry Mutray in Pervinnes as principal, John Leang and

as cautioners in favor of Alexr. Crafurd of Rethin. The granters bound
themselves conjunctly and severally to pay 100 marks to Crafurd two days before
Martinmas 1607, under the penalty mentioned in the entry.

17. Loosings of Arrestments. John Drum of Rubislaw v. Sarah Keyth, mother of

George Leslie of that Ilk. Cautioner George Leslie of that Ilk.

20. Alexr. Cowpland of Idoche v. Wm. Cowpland at the Myll of Idoche. Cautioner

Magnus Mowat of Buchollie. The allegation was that the arrcstee had intromitted
with "certane cornis" belonging to the arrester.

28. John Grey at the Myll of Leisk v. Thomas Duff in Abd. Duff was said to have
abstracted the mill multures applicable to his occupation of Belskanfie. Cautioner
Gilbert Hendrie, burgess of Abd.

29. Assault — Blood-drawing. John Falconer, servitor to the Laird of Petodrie v.
John Mackisoun, Notary Public, son of Alexr. Mackiesoun of Inverurie. Cautioner
George Leslie of Crichie.

Deer. i. Loosings of Arrestments. James Findlaw, Wm. Mathiesone and George Harie

in Lessindrum z>. George Gormak in Lessindrum. The arrestee was said to have been
" mailing and intromelting with the guids and geir perteining to umquhill Agnes
Eissat sumtyme in Lessindrum mother to the said George left to be equalie distrabuttit
amongis his bairnis." Cautioner Wm. Marshell in Garrae.

6. George Kar of Benvellis v. Gilbert Hendersone in Brunbrey. Hendersone was

said to have been wrongously intromitting with goods and gear belonging to Kar.
Cautioner George Keith of Clakreauche.

16. The Executors of Margaret Gordoun, Lady of Banadallache v . Elspet Gordoun,

widow of Martin Clerk in Auld Abd. Cautioner Alexr. Gordoun, burgess of Abd.

19. Renunciation and Declaration of Ownership. Wm. Skeyne, burgess of Abd.
in favor of Mr. Richard Irving, also burgess there. Skeyne declared that the Sow croft
and one half of the Bread croft lying in the east Territories of Abd. had for divers years
belonged to Irving, having been disponed to him by Skeyne and Janet Donaldsone his
wife.

22. Loosings of Arrestments. John Anderson, yor. in Chrystis Kirk z1. John
Andersone there. The arrestment was laid on in consequence of the alleged spuilzie
by the elder man of " certane clathis and aboilziementis. " Cautioner George Lcang,
burgess of Abd.

23. John Smith in Pettindrum z>. Walter Greig there. To secure eleven years' duty of
the Myll croft of Pettindrum. Cautioner James Greig in Pettindrum.

27. David Murdo in Seytoun v. John Reid, Skinner in Auld Abd. To secure payment

of the price of a horse belonging to Murdo, which died while in Reid's possession.
Cautioner Alexr. Lome, burgess of Abd.

N 97

Aberdeenshire Sheriff Court:

1606.

Deer. 27. Renunciation and Ratification taken on Commission. Elspet Mowat, wife
of George Crawfurd of Annachie, with consent of her husband, in favor of Magnus
Mowat of Bolquhollie. Elspet Mowat, as the daughter of Patrick Mowat of
Bolquhollie, had an infeftment over the Lands of Jakistoune and Yewbrae, in security
of 3000 merks (presumably her portion). Her renunciation was taken at Turriff on
commission by Mr. George Hay, Parson of Turriff, and William Ogistowne, Notary
there, as Sheriff depute and Sheriff Clerk depute, specially appointed by the principal
Sheriff depute and Sheriff Clerk. The commission is recorded immediately before the
report.

1607.

Jany. 3. Obligation of Relief and Disposition of Movables in Security. John
Browne in Garthie in Fintray in favor of Thomas Bauerly in Larishill. This most
interesting entry may be summarised under six heads : — (i) Browne's acknowledgment
that Bauerly had become surety for repayment to Charles Robertsone, burgess of Abd. ,
on Martinmas Eve 1607, of 100 merks, or failing payment then for payment on
Martinmas day of 40 bolls of "Chereitit meill" at .£5 per boll. (2) Browne's Obli-
gation to relieve Bauerly. (3) For securing this obligation of relief, and in consideration
of sums of money said to have been formerly received by him from Bauerly, Browne
stated "that he hes sauld and disponit and be the tennour heirof .... titulo
oneroso sellis and disponis to " Bauerly " the number of Ten Nolt young and auld " at
present in his possession on Garthie "viz sax blak oxin hornit ane blak gairit"
[streaked] " kow hornit ane uther blak hornit kow and tua blak hornit steiris. (4) This
was followed by a statement that delivery had been made in presence of witnesses upon
the ground of Browne's farm, notwithstanding of which and upon the narrative that
Bauerly had " nocht corne nor stray for sustentatioun of the said guids this winter
seasone " it was agreed (5) that they should be "fed and interteined" upon Browne's
own place, but without prejudice to Bauerly's right to " mell and intromet" with them
at pleasure. Finally (6) it was declared that, when the cautionary obligation took end,
whether by payment to the creditor or to the cautioner, Browne was "to be frie of the
haill contentis of this present Act" &c. The entry closes with an admonition by the
Sheriff to both parties to fulfil their bargain under pain of poinding and horning on six
days' charge.

Loosings of Arrestments. Wm. Maxwell in Auld Abd. v. Andrew Jojfray
in Littill Meldrum. For the alleged "melling with certane butter" in the house of
James Findlaw. Cautioner John Middiltoun, Baxter in Abd.

7. Agnes Davidsone, lawful daughter of the late John Davidsone in Waster Fintray
v. Robert Chalmer there. For the alleged non-payment to Agnes of her share of her
father's estate. Cautioner Charles Chalmer in Waster Fintray.

8. Thomas Meldrum, burgess of Banff -v. Wm. Abirnethie and James Crukschank in
Knokleyth. In security of such sums of money as might be found due in actions to be
raised against the arrestees. Cautioner Alexr. Crukschank, younger, burgess of Abd.

98

Judicial Enactments: Vol. L, Contents

1607.

Jany. 8. Commission by principal Sheriff depute and Sheriff Clerk. John Forbes of
Gask or Patrick Con of Auchrye, as Sheriff depute and Wm. Ogistowne in Turriff or
Thomas Bruce, both Notaries, as Sheriffs Clerk depute, were appointed by this Com-
mission, which was dated in Novr. 1606 (i) to take the renunciation of Wm. Gordoun
in Lestcragie and Janet Con, his wife, of the lands of Lestcragie, Breidgrenis and
Breidfurd in favor of Magnus Mowat of Buquhollie and Isobel Cheyne his wife. (2) To
receive the consent of the said Isobel Cheyne to the alienation by her husband, with
consent of Walter Innes and Janet Gordoun, his wife, of the above lands of Lestcragie,
&c., and (3) to take the renunciation of Jeane Mowat, Lady of Asloun of the lands of
Woidendis or of any part of the lands of Buquhollie or of lands in Caithness, to which
she had got right or title from the late Patrick Mowat of Buquhollie, in favor of the said
Magnus Mowat.

Report of Commission. Patrick Con of Auchrye as Sheriff depute and Wm.
Ogistowne as Sheriff Clerk depute, icported the Renunciation and Ratification by Wm.
Gordoun of Lestcragie and Janet Con, his wife, which was executed at Balquhollie on
Deer. 4 1606.

10. Removing. Henry Matthewsone in Waltoune and John Youngsone there in

favor of Mr. Duncan Forbes of Balnagask. Each of the granters occupied 8 oxengait
of the lands of Waltoune belonging to Mr. Forbes, from which they consented to
remove at Whitsunday next following.

21. Loosings of Arrestments. Thomas Spens in Boigforthe v. Abraham Milne in

Peiries Milne. The arrestment was in security of the violent profits of 2 oxengait of
Peiries Milne callit Incstomack. Cautioner Andrew Thomsone in Peiries milne.

30. Mr. James Keyth v. James Smyth, Servitor to the Earl Merschell. Corn and

other grain was arrested for the Abstracted Multures of Mylne of Gavell. Cautioner
Wm. Jak, Sadler in Abd.

Feby. 2. Outlawry — Sheriff's Claim. John Gordoun in Parkend, Officer to the Marquis

of Huntly v. John Banerman, sometime in Auchmull. The arrestee is here stated to
have been decernit fugitive "fra the lawis for airt and pairt of the thifteous steiling fra
George Gordoun of Coclarachie of ane ox and certan ky for the quhilk Androw
Moresone pikeman at the Mylne of [?]Daucht was execute." The subjects arrested were
said to extend to 4 drawing oxen " thairof ane kow " 12 bolls oats in the yard and barne
and " tua kistis." Peter Barnet in Auchmull was cautioner, and bound himself to
make these subjects forthcoming to Lord Huntly, into whose hands, as Sheriff, they
had fallen in consequence of Banerman's outlawry.

10. Loosing of Arrestment. John Dicky in Deir v. Patrick Turing in Deir. The

arrestment was in security of 200 merks of alleged indebtedness. Cautioner John
Andersone in Denis.

u. Manslaughter. The Crown v. Alexander Wilsone, Chirurgeon in Abd. The

surgeon was said to have caused the death of Alexr. Reid, son of Mr. William Reid,
Advocate in Aberdeen, "throche the miscuir of the said Alexr." Thomas Gordoun of
Grandoun was cautioner that Wilsone should take his trial on 24 Febry., and that his
goods should be forthcoming to the Sheriff for behoof of the Crown.

99

Aberdeenshire Sheriff Court:

1607.

Feby. 14. Loosings of Arrestments. Wm. Chalmer, son of Charles Chalmer in Clunie v.

the said Charles Chalmer. Arrestment used to secure "the said William of his barnis
pairt of geir" which was said to be due to him by his father. Cautioner Wm. Dune,
burgess of Abd.

Alexr. Fraser of Kindrocht v. Alexr. Myll in Auchrynie. Fraser's claim against
Alexr. Myll was based upon the latter having been surety to the former for the faithful
service of his brother, Andrew Myll. Cautioner John Myll, Cowper in Abd.

25. Isobell Forbes, Lady Balbeignot v. John Spreull in Wastburne. The arrestment

was to secure the "fermes" of Waslburne. Cautioner John Kinnear, "Chalmerlane to
my Lord Glames."

March 4. Alexr. Leslie of Monele v. Alexr. Chalmer in Rothmorak. Whole goods and gear

and specially 15 bolls of "meill & beir" in the hands of George Crichtone of Bailzes-
toane. Cautioner Robert Innes of Elrik.

7- Alexr. Cruden in Kinglasser v. Thomas Birnye in Kinglasser. It was alleged that

the arrestee had been in violent occupation of a house in Kinglasser since Whitsunday
1606. Cautioner James Birnye, " Wobster frieman " of Abd.

12. Wm. Johnstoun in Ewerurie v. George Smyth in Goginglas. Wrongous intro-

mission with eight oxen and two bolls oats belonging to Johnstoun. Cautioner John
Erskein of Balhaggartie.

14. Wm. Richie in Edinbanchory v. John Couttis in Kincraigy. Mr. Arthur Watt,

Advocate in Abd. was cautioner. As he was a Sheriff depute at the time the entry runs
" Comperit Mr. Arthur Watt Aduocal in Abd. renounceand his awin jurisdictioun in this
caice."

Arthur, Lord P'orbes v. Henry Annand of Orcheartoune. Cautioner David Kempt,
Baxter, burgess of Abd.

Patrick Fyuie, alias Wobster in Bethleme v. John Chessour in Artamfurd. Alleged
spoilation of certain goods gear and silver. Cautioner Ronald Chessour, burgess of Abd.

18. Janet Gall, daughter of the late Andrew Gall, burgess of Abd. v. James Betoune

in Wodheid. A money claim. Cautioner James Gordoune in Carnore.

April 10. John Leith, apparent of Ilarthill v . Patrick Leith in Auldrain. The claim was for

" certane byerune deweteis." Cautioner Mr. John Lumisden at the Brig of Done.

1 6. Mr. John Cheyne of Petfichie and George Setoune of Auchinhuiff, as curators of

Patrick Cheyne son of the late Robt. Cheyne at Myll of Auchry v. Gawand Urquhart
at Myll of Auchry. The claim was for the alleged " out putting of the said Patrick furth
of the toune and lands of the Mylltoune of Auchry." Cautioner Thomas Myll, burgess
of Abd.

21. John Car at the Myll of Cluny v. Wm. Duncansone in Arsballache. A claim of 400

merks. Cautioner James Rainy, Tailzeour, burgess of Abd.

100

Judicial Enactments: Vol. L, Contents

1607.

April 21. Loosings of Arrestments. Sir Patrick Barclay of Towie, Knight v. David

Andersone in Sigget. " Certane byerune deweteis." Cautioner John Setoune of
Auchorthie.

Mr. Wm. Neilsone, Minister at Fintray and Agnes Rait his mother v. Henry
Annand of Orchertoune and John Woid at the Myll of Fintray. Claim for " certane
sowmcs of money." Cautioner Wm. Blakhall, burgess of Abd.

29. Thomas Fraser of Durs [Durris] v. Wm. Tail at the Walkmyll of Dursbellie

[Uurrisbeltie]. Cautioner Nicoll Ross, Cordiner, burgess of Abd.

May 8. Win. Gordone of Sauchin v. Agnes Chrystie, wife of Win. Scharp in Sauchin.

Patrick Scharp the son of Agnes was charged with the " bloid drawing" of Robert
Meldrum in Sauchin and apparently the laird intervened on behalf of Meldrum.
Cautioner George Gordone "Stabiller" in Abd.

Ji. Arthur Forbes in Enzeane v. David Hay in Rowne Lithnet. Hay was said to have

"resetted" certain goods and gear belonging to Forbes. Cautioner Thomas Hay in
Abd.

12. Assault and Mutilation. The Sheriff v. Alexr. Duncane in Torfynis and John

Lessell in Auchinsley. Caution for the accused's appearance on May 26 for the
"hurting wounding and mittellatioune" of John Leslie in Kyntor. Also that their
effects should be forthcoming to the Sheriff. Cautioner Abraham Forbes of Blakloune.

14. Discharge of Inhibition. Gilbert Scherar, burgess of Abd. in favor of Matthew
Youngsone, burgess of Abd. Scherar consented that from this date to 2 June
Youngsone might deal with his effects as freely as if no inhibition had been used
by him.

15. Loosings of Arrestments. Isobell Gordoune, lawful daughter of John Gor-
doune of Newtoune v. James Hervie in Monekebak, Alexr. Young there, James
Donald, elder, there, James Donald, yr., there, Robert Hervie in EIrik, Alexr.
Wentone there, and Robert Wischert in Monekebak. The whole goods and gear of
all the arrestecs. The claim was for "certane byrune deweteis," and Andrew
Ilervey of Ehik was cautioner. (Vide infra 21 May.)

21. George Gormak in Lessindrum v. Wm. Mathesone in Sliache. The claim was for
wrongous intromission by Mathesone with certain goods belonging to Gormak.
Cautioner George Bisset, burgess of Abd.

Isobell Gordoune, wife of George Gordoune, apparent of Baldorny v. Robert
Wischert in Monekebak. In this case Mr. Wm. Moir, burgess of Abd. was cautioner
and Andrew Ilervye of EIrik joined with Wischert in the obligation to relieve him.

22. John Michell v. Margaret Riddell, his wife, and Matthew, John and Thomas
Michell, her children. Cautioner Alexr. Mortymer, burgess of Abd.

Wm. Stewart v. James Robertsone in Makterry. Cautioner George Meldrum in
New Myll.

IOI

Aberdeenshire Sheriff Court:

1607.

May 23. Loosing of Arrestment. Alexr. Meldrum sometime servitor to the Laird of

Tipperty v. Thomas Cowper in Tairty. Cautioner Thomas Cowper, burgess of Abd.

25. Renunciation and Discharge. Elspet Rolland wife of John Gordoune in

Ingzean, with his consent, in favor of Abraham Forbes of Blaktoune. The lands
redeemed were the sunny half lands of Wester Fowlis in Lochell. Apparently Alexr.
Gordoune of Beldorny and George Gordoune, Younger of Beldorny, had pledged the
lands for ^"1000, receiving a letter of reversion from John Gordoune in Ingzean and his
wife. To the wadset by the Beldornys John Gordoune of Buckie had been a consenter.
Forbes of Blaktoune now became creditor and as such in right of the lands.

Renunciation and Discharge. John Dilgardno in Aden in favor of Win.
Robertsoune in Thundertoune. This discharge was granted in consideration of the
payment of 1000 merks contained in a Contract of Wadset, over the lands of Ower
Torterstoune otherwise called Langhill in the Barony of Torterstoune, dated 1 6 January
1604. Robertsone's wife, Margaret Bruce, had been a consenter to the wadset.

26. Loosing of Arrestment. Arthur P'orbes, Servitor to the "Gudman of Towie" v.
George Forbes, Servitor to the Laird of Invermarky. Cautioner John Gordone of
Letterfure.

Removing. Wm. Johnstoune in Corshill in favor of John Johnestoune of Corshill.
John Johnestoune was principal Tacksman of the lands of Corshill, situated in the
Barony of Johnestoune by annexation.

Loosings of Arrestments. George Ademsone in Slains v. John Thomsone in
Newseitt. Cautioner Wm. Morray in Edny.

Gilbert Meingzes of Petfoddells v. Alexr. Irving of Collairlie, Lawrence Couttis
there, David Meingzes in Ester Tilbowries, John Myll, Edward Kay and John Kay.
Gilbert Meingzes of Petfoddells, grandfather of the Gilbert here mentioned, had taken
proceedings against the late John Irving of Kincowsie for cutting his green wood and
security for 1000 merks had been found. 500 merks of the 1000 now belonging to
Alexr. Irwing of Collairlie and the other defenders, but in the hands of Thomas Forbes,
burgess of Abd., was now arrested for an alleged contravention of the old law surely.
Cautioner John Irwing now of Kincowsie.

27. Obligation of Warrandice. Robert Innes of Invermarky in favor of James
Gordoune of Knokespak. Knokespak had paid 1200 merks for the redemption of the
fourth part lands of Kirktoune of Clatt to Wm. Leslie, son of the late Mr. Altxr.
Leslie, parson of Raithes [? Rothes], who was a pupil or minor, receiving a discharge
from Jeane Hervie, his mother, and James Kynnard, portioner o.t Myddiltoune, her
second husband. George Gordoune of Terpersie and James Innes of Drenny
[? Drainie] had bound themselves with Kynnard, to warrant the discharge and redemp-
tion and to obtain young Leslie's ratification on his coming of age. By this Act of
Court, which is signed by Knokespak, Invermarky and Kynnard, the laird of Terpersie
is released, his place being taken by Invermarky.

IO2

Judicial Enactments: Vol. L, Contents

1607.

May 26. Judicial Ratification. Isabel Vode, wife of George Gordoun of Gicht in favor of

Mr. Robert Maitland of Auchincreiff. Gordoun and his wife had granted a Bond to
Mailland for 500 merks. As long as the money was unpaid Maitland was to " bruik
and joiss " the teind sheaves of Auchincreiff and Skelmane in the parish of Tarves.

27. Renunciation and Discharge. Isobel Gordoun, "Ladie Brughis," wife of John

Forbes of Brux in favor of Patrick Con of Auchry. Husband and wife had entered into
a Contract of Alienation of the lands aftennentioned, in favor of Con on 4 May last by-
past. The lady in implement now renounced all her rights to the " Schaddow halff
landis of the barronie of Idoch callit Idoche of Brughis," as fully described in the entry.

Loosings of Arrestments. Alexr. Leslie, pupil, and Wm., Robert and Andrew
Leslie, his Tutors v. Robert Merser in Abd. Cautioner Walter Dun of Ratie. General
arrestment : but specially 1000 merks in the hands of John Leslie of Wardess.

John Andrew in Ilaltoune of Fintray v. Agnes Davidsone in Disblair. Cautioner
Charles Chalmer, sometime of Tillekerie.

James Gordoune, younger of Lesmoir v. James Gordoune in Pronnie. General
arrestment ; but specially sums belonging to James Gordone in the hands of George
Gordoune of Terpersie. Cautioner Wm. Gordoune in Myddrumbulge.

John Irving of Kincowsie v. Gilbert Meingzes of Petfoddells. General arrestment :
but specially ^3000 in the hands of Robert Gardyne of Waster Tilbowreis. Cautioner
David Meingzes of Ester Tilbowreis.

Alexr. Paull, Cordoner v. Alexr. Cowe in Abd. and Isobel Jak, his wife. Cautioner
George Merser in Old Abd. The claim was for damages for non-entry to a house
belonging to the female arrestee.

June 8. James Gariauche of Kilstair v. John Forbes in Lyttill Endovie. Cautioner Andrew

Forbes, burgess of Abd.

15. James Crichtoune in Adamstone v. Katherine Paxstone. The arrestee had been

cautioner to the arrester for one Wm. Dawie. Cautioner John Paxstone in Knokleyth.

17. James Crichtoune, younger of Frendracht and James Crichtoune, his son v. Thomas
Fraser in Woidheid. Cautioner Alexander Gordoune of Cormellie.

18. John Ross of Auchlossin and Nicol Ross, fear of Auchlossin v. Patrick Irving in
Carnbady. Cautioner Mr. John Strathauchine, parson of Kyncardyne.

20. Wm. Gordoune of Abirzeldy v. the tenants of Madlar. Peats cast by arrestees

upon the Hill of Fair. Cautioner Robert Burnet in Robertstone.

Removing. Arthur Udney in Auchlowne in favor of Wm. Udney, Liferenter, of
that Ilk. Shadow half town and lands of Auchlowne.

26. Loosing of Arrestment. Jeane Gordoune, widow of George Gordoune ot

Crechie and Patrick Gordoune of Carneday, her husband v. James Innes in Chappel-
toune of Schiues. A claim for arrears of rent. Cautioner George Cruikschank in the
Mains of Auchterellone.

103

Aberdeenshire Sheriff Court:

1607.

July I. Loosings of Arrestments. Robert, Commendator of Monymusk ?'. Gilbert

Browne in Camphell. Cautioner John Forbes of Campbell. Claim for arrears of rent.

2. The Crown v. Mr. John Reid in Collestoun. Wm. Straquhyne of Tibbertie was

surety for Reid that he should appear on July 14 and underly the law for the charges
contained in the precept on which he had been summoned, and also that his subjects
arrested should be forthcoming.

Francis, Earl of Erroll i<. \Vm. Straquhyne of Tibbertie. Cautioner Andrew
Straquhyne of Ardoch.

4. Arthur, Lord Forbes v. George Gordoune of Coclarachy. " Peittis cassin be him

within the bounds of Towy." Cautioner James Ogilvie of Blerak.

14. Robert Innes of Elrik v. George Kyd in Coinzeik. Special arrestment of 7 bolls

and I peck of meal in hands of Alexr. Pettindreich in Mekill Elrik. Cautioner Alexr.
Mesone, Servitor to the Laird Drum.

6. Witchcraft. The Crown v. Janet Patersone, wife of John Telly in Kemnay.

John Walker in Kemnay was cautioner that Telly should enter his wife on July 1 6 to
be tried for " the allegit witcheing of umquhill John Forbes of Lethinty " and also that
the goods of both husband and wife should be forthcoming.

Caution to Appear. John Walker in Hiltoune and John Touche, burgess of Abd.
v. David Creak in Burngrains. Walker and Touche claimed a horse which was in
Creak's possession. Andrew Straquhyne of Ardoch was cautioner for Creak's
appearance in Court on July 14, then and there to produce witnesses to prove that the
horse was his or to produce the person who warranted the animal to him.

14. Loosings of Arrestments. Arthur, Lord Forbes v. Hew Gordoune in Smithis-

toune. Peats cast in the Moss of Tailzeauch. Cautioner George Chalmer in Noith.

16. George, Earl Mcrshell ?'. Elspet Meirnis, widow of George Keyth in Kindrocht
and her children. Cautioner Joseph Keyth in Auchtielair. Arrears of rent claimed.

Wm. Forbes of Logy and Lucretia Hervie, his wife v. Wm. Bauerly in Boigholl.
What was arrested was cloth in the hands of Gawand Gumming, Wobster. Cautioner
Adam Gordoune in [ ? of ] Boigholl.

17. Wm. Keyth at Myntlaw ;:. Thomas Forbes in Auchtidonald. " Peittis fewell feals
and douat cassin and houssis and yards bigit be him " [Forbes] "upone the loning of
Myntlaw." Cautioner John Keyth sometime in Auchlie, then in Peterheid.

John Leslie of Petcapill and John Lesly at Auld Mill of Cremond z>. John Ydill
there. Peats &c. within the bounds of Auld Mill of Cremond. Cautioner Robert
Johnestoune of Cremond.

1 8. Alexr. Irving of Lenturk v. Patrick Leslie of Kyncragy. Peats &c. within the
bounds of Tillemair. Cautioner Gilbert Leslie, burgess of Abd.

104

Judicial Enactments: VoL L, Contents

1607.

July 25. Loosings of Arrestments. Marjorie Stewart, daughter of the late James Stewart

in Ranalachie, and John & Walter Collison, burgess of Abd. her curators v. John
Findlater, sometime in Ardfork, then in Cragy. Mr. Walter Forbes of Auchmaledy
was cautioner, and undertook to relieve his brother german, Mr. James Forbes, of a
similar Act of Caution formerly undertaken by him.

George Gordoune of Coclarachy v. Tenants of Towie of Clatt &c. Peats &c. in
the Moss of Taillacht. Cautioner James Forbes of Lethinty.

28. Conveyance of Furniture in Payment of Rent. John Leslie, elder, burgess of
Abd. in favor of John Touche, burgess of Abd. On the narrative that he was due ^40
to Touche for the rent of a tenement of foreland on the west side of the Gallowgate,
Leslie sold and disponed to him certain of the plenishing of the house, from which he
and his wife were to remove before Martinmas, delivering up the keys and leaving the
furniture sold in the house.

Loosings of Arrestments. Alexr. Leslie, younger of Monely v. Alexr. Chalmer
of Rothmorak. Cautioner Robert Innes of Elrik.

30. Alexr. Gordoun of Swailend v. Wm. Thomsone and others, indwellers in Logy-

fintray. Cautioner Wm. Forbes of Logic fintray. Peats in the Moss of Beildie Moss.

Augt. 3. George Kar of Benvells v. Alexr. Dauidsone in Perkhous. Cautioner Gilbert

Dauidsone in Inverquhomrie. Peats in the Moss of Benvells.

Thomas Meingzes of Cultis i1. John Wallace, Alexr. Smyth and James Irving in
Peillitsyde. Cautioner Mr. John Mortimer, burgess of Abd. Peats in the lands of
Cultis.

5. Elspet Auchinlek, liferentrix of Buchomiachy v. Magnus Mowat of Bucholly.

Cautioner Thomas Mowat in [?] Okingell. Peats in the Hill of Buchomiachy.

8. Alexr. Troupe v. Robert Thomsone at the Myll of Ord. Cautioner Alexr.

Brabner in Abd. " The cornis and lynt sawin be him " [Thomsone] upon that part of
Murthill said to be let to Alexr. Galloway.

10. Mr. Walter Forbes of Auchrydie i<. James Keith of Atherb. Cautioner Alexr.

Keith of Auldtoun of Atherb. Crop and peats sown and cast upon the town and lands
of Bethleame, specially in the part called Schandismoss.

14. Lawborrows. Alexr. Galloway, elder in Murthill, and Thomas and Alexr.
Galloway, his sons v. Robert Thomsone at the Mill of Ord and Robert Thomsone, his
son. Cautioner Baillie Alexander Jaffray.

15. Loosings of Arrestments. Adam Gordoune, son of James Gordoune of Tille-
angus v. Isobel Reid, widow of Wm. Leith in Mylhill. Cautioner \Vm. Mernis in
Foulslie. Claim for Breach of Contract.

Andrew Home v. Robert Irving at the Brig of Done. Cautioner Alexr. Brabner,
burgess of Abd. The amount of the alleged debt was £8.

0 ICK

Aberdeenshire Sheriff Court:

1607.

Augt. 22. Loosings of Arrestments. George Crafurd of Annachy z>. Christian Pire, widow

of Alexr. Gordoune in Annachy, and her children. Cautioner Wm. Gordoune, burgess
of Abd. Claim for arrears of rent.

25. Thomas Gordoune at the Mill of Dess v. Alexr. Duncan in Blelak and James
Stevin in Uartill. Cautioner John Gordoune of Quhyit Stain. Claim for intromission
with the effects of Robert Gray in Auchinhuiff.

26. Janet Pettyndreich, widow of Gilbert Chalmer of Auchquhorthy, and George
Chalmer, her son v. Alexr. Chalmer in Freddyhill. Cautioner Robert Keyth of Auld-
maid. Claim for wrongous intromission.

29. James Forbes of Lethinty v. Patrick Annand in Fechill. Cautioner Andrew

Williamsone, Wobster, burgess of Abd. Peats within the bounds of Fechill.

Martin Howiesone, burgess of Abd., and Margaret Holland, wife of James Sctoun
of Petmedden, and her husband v. Wm. Irving of Murthill and Stephen Blair, his
tenant of Bingzell. Cautioner James Gihuiff in Aulclfauld of Murthill. Crop and peats
&c. sown and cast on the lands of Bingzell : but which were claimed as belonging to
Glasterberrie.

Lawborrows. Robert Thomsone at the Mill of Ord and his son v. Alexander
Galloway, elder, in Murthill and his son. Cautioner Thomas Myll, burgess of Abd.
(Vide Supra 14 August.)

Loosings of Arrestments. Robert Gray, burgess of Abd. v. John Walker in

Ruddrestoune. Cautioner Gilbert Blak, Couper burgess of Abd. A barrel of fish in

Walker's barn said to belong to him and his neighbours, bnt alleged by Gray to
belong to his debtor George Moresone, burgess of Abd.

31. Thomas Kellie, Baxter, burgess of Abd. v. Gilbert Wilguis, Baxter, burgess of Abd.

Cautioner Duncan Galloway, Baxter, burgess of Abd.

Septr. I. Alexr. Dicky in Skelmure and Agnes Gray, his wife v. George Gray in Monlety.

Cautioner Mr. Robert Maitland of Monlety. ^40 claimed.

5. Janet Pettindreich and George Chalmer, her son v. Andrew Chalmer in Lytill

Aucheoch. Cautioner James Irving of Aucheoch.

Wm. Watsone in Dubfeord v. Thomas Myll in Dubfeord. Cautioner Andrew
Myll in Haltoun of Balheluy.

II. George, Earl Marshell v. Peter Hay in Fechill. Cautioner Andrew Hay at the

Ower Myll of Cruden. Claim for Teind Silver and Feuduties.

Robert Thomesone at the Myll of Ord v. Alexr. Galloway in Murthill. Cautioner
Thomas Mylne, burgess of Abd.

Isobel Chalmer, widow of James Ross v. Andrew Paul!, burgess of Abd. Cautioner
James Rany, Tailzeour in Abd. Spoliation of a plaid, &c.

Judicial Enactments: Vol. L, Contents

1607.

Septr. 11. Loosings of Arrestments. Robert, Commendator of Monymusk v. Gilbert

Browne in Campbell. Cautioner John Forbes of Campbell.

16. Inhabitants and Citinars of Auld Abd. v. Adam Smithe in Calsie Croft of Scottis-

toun. Cautioner Mr. Wm. Moir, burgess of Abd. " Faill dowat or failzie cassin win
or to be wyn be him this instant yeir upone the bounds of the saids lands of ScottUtoun
with the pertinents."

Discharge of Decrees. James Forbes of Lethintie in favor of George Banerman
of Wattertoun as Tutor of Edward Bruce. In consideration of £,216 6s. 8d. Forbes
discharged and delivered up (i) Decree of the Sheriff Court dated 31 May 1606 for the
violent profits of 12 oxengait of the Middillthird lands of Fechill and horning following
thereon dated 18 August 1607, and (2) Decree for the rents of these lands and Proctors
Croft dated July and horning dated 18 August 1607.

Bond and Discharge thereof. George Banerman of Wattertoun as principal
with Mr. Wm. Reid and Wm. Logye, burgesses of Abd., as cautioners in favour of
James Forbes of Fechill. The sum acknowledged was the above sum of ^216 6s. 8d.,
but the Bond was for ^472, providing that if the sum first named was paid six days
before Martinmas, the Band would be discharged. This was done, and the Discharge
is written and signed on the margin, "J. Forbes of Lethintie," and witnessed by
" Patrik Forbes fier of Lethintie."

1 8. Loosings of Arrestments. John Alshoner in Kynermeit v. John Wat in Boigis.

Cautioner Alexr. Urquhart of Caildwallis. 18 bolls of victual was claimed from Wat for
his occupation of six oxengait of Kynermeit.

John Forbes of Echt v. Alexr. Straquhan sometime in Drumbrek. Cautioner
Nicol Irving at the Woid Myll of Drum.

26. John Leyth and Adam Gordon, Portioners of Boighol v. James llervie, George

Tendell and George Forbes in Kynmondy. Cautioner James Meingzes, burgess of
Abd. " Cornis sawin be thame upone the Hill of Drumagar and Gurlamoss pairt
and pertinent of Kynmondy."

Patrick Leslie, burgess of Abd. v. Alexr. Smyth, burgess of Abd. Cautioner
Gilbert Leslie, burgess of Abd. Claim for wrongous intromission.

James, Earl of Morray v. Wm. Forbes of Logy. Cautioner Gilbert Johnstone of
Owertoune. "The cornis beir and attis sawin" by Forbes on the part of Logy called
the Reid burne.

29. Gilbert Meingzes of Petfoddells v. Thomas Kelly, Baxter, burgess of Abd.

Cautioner Archibald Watsone, burgess of Abd. Claim for rent.

Octr. I. Patrick [?] Manwan in Coltstan v. Alexr. Lyon. Cautioner Wm. Straquhan of

Glciikyndy.

107

Aberdeenshire Sheriff Court:

1607.

Octr. 5. Loosings of Arrestments. Thomas Dampster of Auchterless v. Wm. Dampster

in Logyaltoune. Cautioner George Dampster of Halsiewalls. Claim for arrears of rent.

6. Wm. Forbes in Auchorsk v. David Anclersone in Tartowy. Cautioner Mr. Gilbert

Keyth in Auchorsk.

16. Revocation. Agnes Straichauchin, widow of John Gordone, sometime of Bracka.

On the statement that "for fair and dredour of hir lyve" she had been compelled to
part with provisions made for her by the advice of her friends before her marriage, and
in particular with her rights as conjunct fiar or liferentrix of the lands of Middiltoun in
the Barony of Cnokinblewis and parish of " Inrurie," s>he revoked all consents or renun-
ciations made by her while under coverture.

27. Assault — Blood-drawing. The Crown v. Alexander Lyoune in Hilbrey.
Cautioner John Leslie in Auldmyll.

28. Caution to Appear. The Crown v. William Duvidsone in Comoumnure. Alcxr.
Andersone in Bethleme was cautioner that the accused should appear on Octr. 31 to
answer for " the crymes allegit committed be him ample set doune in the sumoundis
quhairwith the said William is chargit."

29. Assault — Blood-drawing. The Crown v. Alexr. Hall in Ardnedly. Cautioner
Wm. Farquhar in Ranistane. The accused was charged with wounding and blood-
drawing of Wm. Merser in Wombillhillis.

Assault— Blood-drawing. The Crown v. Wm. Farquhar in Ranistane and Win.
Relhy in Inver. John Merser, Sadler, burgess of Abd., and Andrew Henderson, elder,
burgess of Abd., were respectively cautioners. Also charged with a similar assault on
Wm. Merser.

Novr. 3. Loosing of Arrestment. John Andersone at the Myll of Inverlachy v. Arthur

Robertsone in Cremondgorthe. Cautioner Andrew Nesbit at the Kirk of Crimond.

9. Reset of Theft. The Crown v. John Straquhyne in Banishill and Thomas his

son. Cautioner John Carny, burgess of Abd. The charge was "for the allegit resset
of certan guids & geir thifteouslie stowin and for infang & outfang " as in the copy sum-
mons served on them.

13. Renunciation. Marjorie Gordon, wife of Alexr. Tullidaff, sometime of Ranes-
toune but then in Abd., with consent of her husband, in favor of George Gordoun, fiar
of Meithlik. Her conjunct fee, liferent or other rights to " Twa pleuchis of the toune
and lands of Archeidly, mylle of Archeidlie . . . and North seit of the same" in
the parish of Methlik.

14. Loosings of Arrestments. George Dampster of Halsiewalls v. Robert Schand
in Ardley. Cautioner John Kynnier, burgess of Abd.

25. Patrick Mortymer v. James Brabner in Muklesbrigis. Cautioner James Mortymer,

fear of Cragivar.

108

Judicial Enactments: Vol. L, Contents

1607.

Deer. 5. Loosings of Arrestments. John Forbes of v. Patrick MacWill. Cautioner

James Gordoun of Pranny.

Margaret Innes, widow of John Fraser of Creichie and James Keyth, her husband,
also Richard Robertsone in Creichie v. James Ligertwode there. Cautioner George
Craufurde of Annoquhie. The first named Pursuers claimed " byrune dewateis," while
Robertsone's claim was for the alleged "slauchter of ane sow."

9. Assault —Blood-drawing. William Lesly in Logidurnay v. Patrick Hay in the

Bush Myll. Cautioner John Erskein of Balhaggerty.

31. Loosing of Arrestment. Andrew Ilervie, son of Andrew Hervie of Elrik v.

David Keliie, father of Andrew Kellie, burgess of Abd. Cautioner Andrew Kellie, the
son. Claim for arrears of rent.

1608.

Jany. 9. Witchcraft. The Crown v. Janet Follay, wife of Alexr. Myll at the Nether Myll

of Kyntor and Janet Salbe, widow of John Ross, also at Nether Myll. Cautioner
Alexr. Hervie in Kyntor. No particulars of the charges are given.

12. Loosings of Arrestments. Alexr. Hunter in Cragtoune of Kyncardyne v. John
Hunter, portioner of Tilhaky, and Robert Downy at the Myll of Midbelty. Cautioner
Mr. Alexr. Chalmer, Notary Public. " Ane stack of aitlis estimat to twanty bolls."

13. Andrew Smithe in Fynnersy v. Andrew Marteyne in Echt. Cautioner David Adie,
burgess of Abd. Money claim.

15. Witchcraft. The Crown v. Margaret Abill, mother of William Frost in Ilalforest.

Cautioners Alexander Thomsone in Halforest and Frost, the son of the accused.

28. Loosings of Arrestments. John Forbes of Petsligo v. William Cuik in

Uriaell and Robert Rob in Pethill. Cautioner Sir Alexr. Fraser of Fraserburgh,
Knight. " The cornis, beir and aittis presently standand in the corne yard of William
Cuik."

Feby. 6. John Andersone at the Myll of Inverallochy v. Magnus Smith in Denend of Kin-

drocht. Cautioner Alexr. Fraser, brother german to Fraser of Tcchmurie.

Jany. 26. Manslaughter. The Crown v. Duncan Elmslie in Rothhill. Henry Robertson,

(Out of Cordoner in Abd. was cautioner that Elmslie should appear on Feby. 12 to be tried for
date.) the slaughter of John Smart.

9. Loosing of Arrestment. Thomas Maitland in Monleyth v. John Crychtoune in

Comistie. Cautioner Alexander Fordyce.

10. Renunciation. Isobel Paip, wife of George Cruikshank in Maynis of Ochterellone

in favor of Henry Annand of Orchartoun. All her rights to the fifth part of the lands
of Taartie, in the Barony of Slains, and also to Mekill Mill of Essilmount in the Barony
of Essilmount.

109

Aberdeenshire Sheriff Court:

1608.

Feby. n. Loosing of Arrestment. Wm. Irving of Murthill v. William Spark in Newtoun

of Murthill. Cautioner William Gairdyne, Skynner, burgess of Abd. Claim for rent.

15. Revocation of Deeds Granted in Minority. Alexander Keyth, apparent of
Pettindrum. Besides the general revocation there is specially mentioned a bond for
300 merks of dot and tocher, promised with Girsall Keyth, his sister, to George Mowat,
her husband, and failing him, to Andrew Mowat, his father, and failing him, to Magnus
Mowat of Buquhollie. From the general revocation is excepted a lease of Hardie Oyk-
horne in Aberdour, granted to Robert Keyth, his uncle.

20. Loosings of Arrestments. Lilias Crafurd, widow of Robert Innes of Elrik v.

John Innes of Elrik, Alexr. Pettindreich in Elrik and William and James Pettindreich,
his sons. Cautioner John Fergussone in Meikil Elrik.

James Forbes of Lethintie v. the representatives of the late Thomas Smith in
Auchnacantye. Cautioner Andrew Jaffray in Cultercullen. The claim is stated to be
"for the allegit nocht delyuering to him of ane heriall [herezeld]."

28. Alexr. Hunter in Cragtoune v. John Oig in Waster Kyncardyne. Cautioner

Robert Carnegy of Kirktoune of Abyne. The claim is stated as "the allegit spoli-
atioune of ane wadder and twa geiss."

March I. Wm. Maxwell in Auld Abd. v. Gilbert Dowie in Auld Abd. Cautioner James

Cuming, citiner in Auld Abd. £,$ claimed.

4. Edward, Lord Bruce v. George Gawane and Alexr. Ogilbie in Allathene.

Cautioner David Simson, burgess of Abd. The claim was for wrongous intromission
with the teind sheaves of their occupations on Allathene.

II. Robert, Commendalor of Monymusk v. John Mortymer of Cragiver. Cautioner

Patrick Mortymer, son of the said John Mortymer. The claim was for wrongous intro-
mission with teind sheaves in 1605, 1606, and 1607.

Walter Grant of Tillebo v. Robert Dauidsone in Quhitrashis. Cautioner Alexr.
Dauidsone, servitor to the Earl of Erroll. The claim was for the alleged spoliation of
"certane cornis."

16. Lawborrows. Nicoll Froster v. Thomas Glenny in Banishill. Cautioner Gilbert
Andersone, burgess of Abd.

17. Removing. Mr. Alexr. Youngsone, parson of Durris, in favour of Mr. Alexr.
Irving, Advocate in Abd. Mr. Youngsone consented to remove from the " Waster
pleuche of the Kirktoun of Durris," but reserving his possession of the "gleib and
manss." The subjects being in Kincardineshire, Mr. Youngsone consented to the juris-
diction of (he Sheriff of Aberdeenshire.

1 8. Loosing of Arrestment. James Crichtone of Frendraucht v. Symone Galloway
in Auchintinder. Cautioner George Gordone in Polquhyt. Claim for past due rent.

no

Judicial Enactments : Vol. L, Contents

1608.

March 26. Loosing of Arrestment. William Blakhall, Maltman in Abd. v. Gilbert Smith

in Gregisardocht. Cautioner Andrew Straquhan of Ardocht. Claim for the alleged
spoliation of certain "guids, geir, ky, scheip, cair," and others.

Mutilation. John Leslie, elder, burgess of Abd. v. David Craig, Tailzeour in
Abd. Cautioner Alexr. Blair, burgess of Abd. Craig was charged with depriving
Leslie of a ringer.

29. Loosing of Arrestment. Mr. John Leith, Advocate in Abd. and Katherine
Gardyn, his wife v. Margaret Ronaldsone in Kynmondy. Cautioner Gilbert Ronalcl-
sone in Waster Carney. This was a money claim.

30. Assault — Blood-drawing-. The Crown v. John Fowler in Owershell [ ? Ower
Sheill]. Cautioner William Gordone, Baxter, burgess of Abd. Fowler was charged
with the "bloid drawing" of Andrew Johnstoune in Sheill.

Apl. 7. Loosing of Arrestment. William Blakhall, Maltman in Abd. v. Duncan Bane

in Myddill Ardocht. Cautioner Andrew Strachaichin of Ardocht. The claim was for
spoliation or at least wrongous intromission by Bane with certain property sometime
belonging to John Petre " alis Capten of Cowly " and then to Blakhall.

9. Wrongous Intromission, &c. The Crown v. John Kilruiff in Carntradleane.

Cautioner Alexr. Howet, Wobster, burgess of Abd. Kilruiff was said to have wrong-
ously intromitted "with tua scheip quhilk was takin away be Robert Moir in Kemney
& his compleces fra James Kilruiff in Tofthillis" for which and for " ony crime that be
leid to his charge thairanent" he was to appear before the Sherriff.

15. Loosings of Arrestments. Janet Fynne, wife of Win. Fraser in Nather Mure

v. Wm. Fraser, her husband. Cautioner James Torrie occupier of eight oxengait of
Denheid of Kneawin. The arrestment here was of Fraser's "haill guids geir hydis
saltis ky and utheris guids & geir " and was said to have been used " for the allegit way-
putting and leawing the said Janet, beir woman & intending to pas furth of the cuntray."

21. James Crichtone of Frendracht and James Crichtone, younger v. Thomas Fraser in
Wodheid. Cautioner Alexr. Gordone of Cormellit. The claim is thus stated : — "the
allegit lattin be the said Thomas of his occupatione of ane pairt of the Mains of
Frendracht ly west."

25. James Keyth and Margaret Innes, " gudwyff of Crechy " v. Andrew Fettes in

Meikil Crechy. Cautioner George Keyth of Clackreauch. Claim for past due rent.

22. John Erskene of Bagerty and Win. Andersone in Conglass v. Alexr. Stewart in
(Out of Bahaggerty. Cautioner George Lewingstone of Cauldhame. Claim for abstracted

date). multures from Mill of Enramsay.

27. Removing. James Forbes in Sonhonny in favour of Wm. Woid, Fear of Colpney.

The lands from which Forbes agreed to remove are described as " the sone thrie pairt
lands of Mekill Fynerseis," in the parish of Echt.

Ill

Aberdeenshire Sheriff Court :

1608.

April 30. Obligation for Rent and Removing. Ronald Cheyne in Peddersmyll and

George Cheyne in Hiltone of Auchterellone, his son, in favor of John Chalmer of
Balbithane for himself and for behoof of Wm. Chalmer, his nephew. The subjects
occupied by the Cheynes, and from which they consented to remove fourteen days after
Whitsunday, were the third part of the shadow half of Wester Disblair in the parish of
Fintray. One of the obligations was that the tenants should carry the victual from the
new place of Balbithan to the ports of Aberdeen or Newburgh at their own expense,
and the prices at which the victual, linen, wedders, capons &c. were to be converted
into money are given.

May 4. Loosings of Arrestments. Henry Smart in Kowstanis v. John Richman, son

of the late Duncan Richman in Kyntore. Cautioner Mr. Robert Paip, Advocate in
Abd. Non performance of a contract was alleged.

7. Andrew Paull, burgess of Abd. v. Wm. Ferguss in the Holl. Cautioner Wm.

Jamesone in Culter.

Harie Gordone of Dilspro v. Patrick Ray in Gowill. Cautioner John Chalmer of
Balbithane. Rent of eight oxengait of the lands of Gowill.

14. Gilbert Gray of Schiwes v. Andrew Sangster in Auldtonleyis. Cautioners James

Birney in Tarves and John Dowerty, Merchand in Aucheredey. Gray's claim was for
the alleged demolishing of "sum bigingis standang upone the toft of the saids lands of
Auldtonleyis. "

Removing and Discharge. James Johnstone in Bandeuthe and Gilbert John-
stone in Murtoune in favor of Thomas Fraser, brother german of Andrew Fraser of
Stainiewoid. The obligation was to remove from the lands of Lytill Kynaddy in the
parish of Dyce. The Johnstones had a lease from James Keyth of Auchquhorsk, which
he had assigned to Fraser, who, as a condition of their removal, discharged the tenants
of rents.

Loosings of Arrestments. John Richman v. Henry Smart in Kowstainis.
Cautioner Stewin Macky. Claim for non-fulfilment of a contract. ( Vide Supra 4 May).

16. Margaret and Bessie Sherar, lawful children of the late Wm. Sherar in the Mill of

Mekill Wardes and their tutors and curators v. Margaret Watt at the Mill of Mekil
Warcles, and Alexr. Garden, her husband. Cautioner Andrew Sangster in Fiddes.
The arrestees were charged with wrongly intromitting with property belonging to the
children.

John Gordone in Ingzean tf. Arthur, Lord Forbes. Cautioner James Forbes of
Lethintie. The arrestment was used for " allegit warrandice of certane multeris
extending in walor & pryce of ane hundreth & saxteen punds or thairby allegit abstractit
fra the said Johnis Myll of Ingzean, allegit to ha we bene warrandit be the said Lord."

Renunciation and Discharge. Agnes Deuket, widow of Mr. Robert Gardyn of
Bellamoir and wife of David Michell in Abd., in favor of John Gardyn, her eldest son.
The lady renounced all her claim to 1000 merks, due by James Gordone of Knokespek.

112

Judicial Enactments : Vol. L, Contents

1608.

May 17. Judicial Ratification. Janet Leslie, wife of Andrew Leslie of New Leslie, in
favor of Micheall Leang at the Myll of Auchmair. Andrew Leslie had granted a
wadset to Leang of the lands of Boigis of Leslie, which his wife, by this act of court,
ratified.

Discharge and Ratification. James Troup at the Myll of Straloch and Agnes
Keyth, his wife, in favor of Alexander Gordone of Cluny. In consideration of a pay-
ment of 900 merks, the lands of Quhytrashis were declared to be redeemed.

Renunciation and Discharge. Marjory Leith, wife of George Leslie then in
Inverie [? Inverurie] and the said George Leslie in favor of John Leslie of Wardes.
Redemption of Auld Glanderstone and Vreis on payment of ^1000.

Cautionary Obligation. Wm. Cheyne in Esslmonthe in favor of John Chalmer
of Balbithan. Wm. Cheyne bound himself as cautioner for Ronald and George Cheyne,
for fulfilment of their obligations contained in the Act of Court of date 30 April.
(Supra p. 112.)

18. Judicial Ratification. Margaret Cheyne, wife of Alexr. Annand of Ochterellon.
This was the ratification of a wadset of the lands of Cuikstoun, in Ellon, for 40x5 merks,
to Archibald Beanis for himself and Cristiane Annand, his wife in conjunct fee, &c.

Renunciation and Discharge. Thomas Spens of Peireismill in favor of James
Gordone of Lesmoir. This was a renunciation of all Spens' title to the lar.ds of
Peireismyll, Ailhouss Croft thereof, &c., by virtue of rights conferred on him by the
late Sir John Gordone of Petlurge, knight, or Alexr. Gordone of Cluny, who had come
in Sir John's place as assignee. Certain reservations were made.

Loosings of Arrestments. John Forbes of Camphell v. James Walker in
Campbell. Claim for past due rent. Cautioner Alexr. Farquhar in Northham.

19. James Walker in Peterheid ?'. Micheall Joffray in Kyndrocht. Cautioner George
Tailzeour in Carnichell. Claim for demolishing buildings on Kyndrocht.

23. Personal Obligation. Wm. Blakhall, Maltman in Abd., in favor of Jean King,

lawful daughter of the late James King, burgess of Abd. Blakhall acknowledged that
he was due 50 merks to Jean King, which he bound himself to pay to Christeane John-
stone, widow of James King and mother of Jean, for her behoof before Martinmas.

Personal Obligation. James Muresone in Rothnathy as principal, and John
Muresone there and Archibald Greig in Fraserburgh, with consent of Mr. Samuel Keith
in Conzeik in favor of James Donaldsone, burgess of Abd. Keith was proprietor of
Tilletuthill and James Muresone was tenant. In consideration of indebtedness by Keith
to Donaldsone, and with the consent of the former, the tenant bound himself to pay
his rent for 1608-9 and 10 to Donaldsone. The proprietor granted a discharge to the
tenant of the rent, which is fully detailed in the entry, while there was the usual clause
of relief by the principal obligant to the cautioneis.

Aberdeenshire Sheriff Court:

1608.

June 8. Loosings of Arrestments. Wm. Irving of Eister Beltie v. Abraham Forbes of

Blacktoune. Cautioner Alexr. Irving, apparent of Waster Beltie. Peats, &c., in the
moss called Mossmad.

James Crichton of Auchilgowill ?'. Wm. Jameson. Cautioner George Chalmer of
Nothe.

May 23. Incest. The Crown v. James Kelly in Toriglathe [? Torryleith]. George Leslie

(Out of of Crechy was cautioner for the accused's appearance on 8 June,
date.)

June 2. Loosings of Arrestments. James Ogilvy of Blerok v. James Ogilvy of Birnes.

Cautioner Provost Alexr. Rutherfurd. Peats, &c., upon the Hill of Dudvick.

6. Wm. Setoun of Disblair v. Alexr. Portar in Cowstanes. Cautioner Wm. Materis

in Cowstanes.

May 24. Personal Obligation. James Muresone in Rothnathy, John Muresone there and

Archibald Greig in Fraserburgh in favor of James Donaldsone, burgess of Abd. This
was a conjunct and several obligation by way of judicial act for £96 of borrowed money :
but the clause of relief contained in it shows that James Muresone was the borrower and
real debtor. (Supra, p. 113.)

June 16. Loosings of Arrestments. Thomas Craigheid in Kymondy v. James Hervie of

Elrik. Cautioner Robert Merser, Citiner in Auld Abd. The cause of the arrestment
was the alleged spoliation by Hervie of a black ox belonging to Craigheid.

The Sheriff v. Wm. Thomsone in Manecht. Cautioner John Irwing of Kincowsic.
The Sheriff was here seeking to secure payment of " ane allegit bluidwiet."

20. Mr. Wm. Gordoune of Abirzeldy v. Nicoll Inchemedden in Medler. Cautioner

Robert Burnett in . " Peittis cassin be him " [Inchemedden] "and the

remanent tennenttis of Medler within the Mois one the wast end of the Hill of Fair."

15. James Forbes of Lethintie v. Wm. Joffray in Hill of Fiddes. Cautioner Arthur

Johnstoune in Auchindairg. The claim was for goods and geir said to have been taken
from the " Smiddy of Auchnacant."

26. Lawborrows. The Sheriff and John Johnstone in Sheddakisley v. Andrew

Johnstone in Sheddakisley. Andrew Johnstone and with him Robert Johnstone in
Kayismyll as cautioners bound themselves under penalty of 500 merks that Andrew
should appear before the Sheriff depute on eight days warning to answer to such crimes
as he might lay to his charge preceding this date. Also that he should not molest John
Johnstone in Sheddakisley. Andrew Johnstone also took the burden on him for his
brothers, Alexr., Patrick, and David, as well for his kinsmen friends and "Allaya"
that they should not molest John Johnstone.

114

Judicial Enactments: Vol. L, Contents

1608.

June 28. Loosings of Arrestments. James Gardyn of Blakfcord v. John Watsone in

Bogheid. Cautioner George Meldrum at the New Myll. The claim against Watsone
was for removing from Gardyn's land.

July 2. Margaret Annand, widow of Robert Woid in Auchindar v, Arthur Johnstone in

Auchindar, John Cragheid in Fidesbeg, Thomas Greig at the Myll of Fiddes, and
Arthur Forbes in Blairchillie. Cautioner Arthur Fantoun in Allathein. The case here
was that Johnstone and the other defenders had evicted the widow from the town and
lands of Auchindar at Whitsunday, 1606.

4. James Forbes of Lethintie v. Patrick Annand in Fechill and Alexr. Keith there.

Cautioner Alexr. Kennady, brother german to the late James Kennady of Kermuk.
The arrestment was used "for the allegit rywing out of ane pairt of the said com-
pleneris lands of Fechill and casting of peittis & fewall thairon."

6. John Lumsden of Cushney v. George Calder at the Myll of Carnculy. Cautioner

Mr. William Forbes of Many. Claim for past due rent.

John Lumsden of Cushney v. Robert Reid in Torydishwell. Cautioner James
Walcar, servitor to Lady Forbes. Ten merks of past due rent.

9. Alexr. Gordone of Lyttill Gowill v. Wm. Thomsone at the Walk Myll of Logy.

Cautioner Wm. Forbes of Logy. The dispute was about peats in the Moss of Swaillcnd.

Wm. Straquhan of Tillefrosky v. Nicoll Ross of Auchlossin. Cautioner Matthew
Youngsone, burgess of Abd. In this case the difference was about peats in the " Mois
of Manzow and bounds adiacent."

Illustrative Examples taken from Vol. L of Minute Books of
Judicial Enactments

Assythment

I.

(20 March 1606)

The said day in presens of Johne Gordone of Tilligreig Scherreff
Deput of Abirdein comperit personallie Maister Robert Paip Aduocat
and Maister Williame Chalmer Noter in Abirdein and become actit and
monesit of their awin proppcr confessionis conjunctlie and seuerally for
thame thair aids and assignais to pay and delyuer to George Innes and
James Findlay in Newburgh in name and behalf of Walter and Cristen
Innesses pupills bairnis lauchfull to umquhill Johne Innes sumtyme in
Newburgh to be furthcumand to thame equallie betuix thame and their
mother to wit Mariorie Dvvne to hawe the proffeit during the saids barnis
less aige and minoritie All and haill the sovvme of ane hundredth punds
usual money of North Britain within the duelling hous of Nicolas Innes
in New Abirdein upone Witsonday ewin nixt to cum in the yeir of God
ane thowsand sex hundreth and sex yeirs instant but onie requisitioun
And failzeing of thankfull peyment thairof at the day foirsaid the sowme
of fourtie punds money foirsaid by the said principall sowme as for coist
skaith and expenss And that in satisfactioun and assyithment of the
slachter of the said umquhill Johne Innes committit be Wm Chalmer
seruitor to Wm Blak in Newburgh in the moneth of Februar last bypast
in this instant yeir Quhairanent the said George Innes Relict and
brother and narrest freinds sail subscrywe and delyuer to the saids
Maisteris Robert and Williame ane Letter of Slains1 at the reccpt of the
said sowme & immediatly befoir the same Quhairupone the saids
pairties " hinc inde " tuik act & instrument And quhow oft the said
sowme beis liftit aff of proffeit quhairon it happins to be laid to be als oft
imployit of new agane to the sicht and advyce of the said George Innes
Wm. Strachauchin of Tibbertie James Findlay and Andro Innes in New-
burgh to be maid furthcumand to the said relict of the defunct during
the saids pupills les aige and that the proffeit thairof sail appertein to
hir during thair said less age and thaireftir to the saids barnis equallie
betuix thame, the said relict in the mean ty me sustening the saids bairnis

I Called also Letters of Peace", an indispensable preliminary to the obtaining of a
Crown pardon.

116

Judicial Enactments: VoL L, Illustrative Examples

honestlie according to thair estait during thair said less aige and
minoritie Quhairupone thair wes act and instrument tain in maner
foirsaid.

JOHNE GORDON E

Sref deput of Abirden
Mr WILLIAME CHALMER

wl my hand
Mr ROBERT PAIP
wl yr [sic] hand

II.

(12 November 1606)

The said day In presens of Johne Gordoun of Boigis Sref Deput of
Abirdein compeirit Wa and Dauid Umphrayes lauchfull bairnis to
umquhill Patrik Umphray in Baikiehill with consent of Peter Bischoip of
Abirdein Mr James Ross Minister thair Alexr Chalmer Messinger thair
Curatours giffin to thame be the authoritie of the said Sref Deput In hac
parte tantum and granntit thame to havve receavvit frome Thomas
Meldrum in the Milne of Darley the sovvme of fourtie punds usuall monie
of this realme in compleit payment for the sythment and slauchter of the
said umquhill Patrik thair father commitit be the said Thomas Meldrum
for his pairt for payment of the quhilk sovvme and for the payment of
halff ane boll of meill yeirlie to be payit for the space of four veins
immediatlie following the dait heirof be the said Thomas to the saids
bairnis the langest lewer of thame as ane pairt of thair alimentar and
burd the saids barnis and thair curatours foirsaids receawis the said
Thomas in Cristiane frendscheip and demitit all rancour and ewill will of
the mynd with all actioun criminall and ciwill quhilk they hawe intentit
or may intent agains the said Thomas be occasioun of the said slauchter
and in signe and tacken thairof gawe to him thair hands And the saids
Curatours in respect of the present minoritie of the saids bairnis obligis
thame to cans thame the tyme of thair perfyit aig and maioritie to
consent heirto and ratifie this presentis Upon the quhilks the said
Thomas tuik Act of Court and Instrument And in lyk maner
compeirit Helein Differtie relict of the said umquhill Patrik and for
payment as said is remitit all rancour of hir hart that scho had agains the
said Thomas for the slauchter of hir said umquhill spows and the said
haill persones was content that this presentis suld stand in effect to the
said Thomas as ane sufficient Letter of Slains and that he suld purches
heirupone our souerane Lordis remissioun quhen he thocht guid and
expedient be reassone the saids wyiff and bairnis granntit thame fullie
satisfeit for the said slauchter as narrest of bluid to the defuncte for

117

Aberdeenshire Sheriff Court

thame selffis and the remanent of thair kin and freinds Unto the quhilks
the Shref Deput foirsaid interponit his authoritie and moneissit the saids
persones ewerie ane of thame respectiue to obserue thair awin pairtis
thairof and ordanit precepts to be direct thairone in forme as effeiris
Upon the quhilk the said Thomas tuik act of Court and instrument.

Heritable Rights— Act of Possession

(15 April 1606)

The said day Johne Lord Saltoun causit charge Johne Gordoun of
Bogis Shref depute of Abd be werteu of oure Souerane Lords letteris To
enter the said Lord to the possessioun of tua pleuchis of the Lands of
the Mayneis of Drumbrek lyand within the barronrie of the samen and
Srefdome of Abd And that according to the tenour of the saidis Letteris
and to putt ane Decreit of Remowing obtenit befoir the said Shref depute
at the instance of Alexr Mowtray burges of Abd aganeis the tennentis
& occupiaris of the saids tua pleuchis land viz the middill pleuche of the
saids lands now lyand weist on the Wast And the uther callit the Sone
pleuche or Barriewallis now occupeit be James Smyth To the quhilk
Decreit the said Lord is maid assignay and the saids Letteris of the
Lords raisit at his instance as assignay foirsaid For obedience of the
quhilks Letteris the said John Gordoun enterit the said Lord to the
actuell and real possessioun of the said tua pleuchis lands be casting out
of ane Cheir and ane Tangis out of the hous of the said James Mill
[? Smyth] entering the said Lord within the biging thairof and delyuering
him the keyis of the fyr houssis barneis and officeis houssis of the samen
And be yeird and stane of the grund of the said weist pleuche And pat
the Decreit to executioun according to the tennour of the charge in all
poyntis Upone the quhilk the Shref deput foirsaid and Lord tuik
instrument in the hands of me Mr Wa Andersone Shref Clark of the said
Shrefdome And this wes doin upone the grund of the saids lands at tua
eftir nune or thairby Befoir Witnessis Mr Wa and Patrick Lewinstoneis
Seruitours to the said Lord Patrick Abirnethie of Nether Dell George
Meldrum appeirand of Drumbrek Alexr Gordoun Seruitour to the Shref
depute.

118

The Diet Books: VoL IX., 1607, 1619, J620

In this volume are bound together in the most promiscuous and
puzzling fashion some fragments which have survived from several
missing books. Parts have the appearance of being the remains of books
actually kept in Court, while in others the more careful penmanship
points to their having been clean copies subsequently written up.
Portions of the years 1607, 1619 and 1620 are covered. We have
already seen that specialization, by keeping different books for different
kinds of business, had been adopted ; but it is quite clear from what is
found here that no invariable practice obtained. Acts of Court, such as
Lawborrows are found here, as well as examples of Services and Cura-
tories, although special books were in existence in which one would have
expected to find all such. The order in which the entries occur in the
volume has been followed, although these are not altogether in chrono-
logical sequence. It is unfortunate that the entries for 1607 do not
embrace the period for holding the Fiars Courts ; but on the other hand
the scraps from 1619 and 1620 furnish examples of these. A large
number of interlocutory entries have been passed over, because they
contain no data for ascertaining either the subject matter of the proceed-
ings of which they form part, or for identifying the persons named in
them by territorial designation, residence or occupation.

119

Table of Contents of Vol. IX. of Diet Books

1607.

Decree of Transumpt. (Imperfect.) This appears to be the transumpt of
Sasine of the lands of Orchartoun in the Barony of Tullidaff, following upon a Charter
under the Great Seal in the second year of Henry and Mary in favor of Christina
Tullidaff and Mr. James Stewin, her husband. The witnesses to the Act of Court were
Wm. Forbes, son of Forbes of Thainstoun, Alexr. Gordoun, son of John

Gordoun of Boggis, Wm. Gordoun, Baker, burgess of Abd. , Andrew Kyng, Advocate,
and others.

June 3. Nature of Action not disclosed. Alexr. Leslie of Monalie v. Agnes Innes and

Alexr. Chalmer of Kempstoune, her husband. The case was continued to 10 June for
interlocutor, but is not mentioned again. On 25 June and 7 July, however, there were
diets of proof in an action between the same parties, Leslie being the defender.

Exhibition. Agnes Innes and Alexr. Chalmer of Kempstoune, her husband v.
George Creichtoun of Beildestoun. There was a continuation to 10 June for inter-
locutor ; but no farther entry has been found.

Wrongous Intromission. Andrew Reid of Collestoun r. John Wilguis. For
the " melling with ane pairt of Collestoun callit Cokishill."

Breach of Arrestment. Wm. Keyth of Pettindrum and the Procurator Fiscal v.
James Cruden and Wm. Reid.

Nature of Action not disclosed. Agnes Innes and Alexr. Chalmer of Kempstoune,
her husband v. Gco. Creichtoun of Tillikirie. Defences lodged.

Nature of Action not disclosed. Sara Leisk and Alexr. & John Lcisk, her tutors
71. Wm. Kay in Cruden and John Wilkcn in Clayhills. Defences lodged. On 25 June
John Hay, her " guidsir," is named as one of the pursuer's tutors.

Nature of Action not disclosed. Sir Alexr. Fraser of Fraserisburgh v. Thomas
Birny. Defences lodged.

Nature of Action not disclosed. Peter Hay in Fechil v. James Forbes of Lethintic
and Margaret Forbes, his wife. This was a diet of proof which had been allowed in
absence ; but the defenders appeared and were reponccl and defences ordered on 10 June.

Removing1. James Forbes of Lethintie v. Peter Hay in FechiU and Patrick
Annand there, brother to the Laird of Ochterellon. ( Vide p. 130 infra.}

Nature of Action not disclosed. Patiick Cheyne, son and apparent heir of Mr.

Gilbert Cheyne of Cruffy v. Alexr. Wode of Colpnay and Helen Leisk, widow of Mr.

Gilbert Cheyne. The Pursuer produced his service as heir general of his father.
Defences ordered on 10 June.

I2O

Diet Books: Vol. IX., Contents

1607.

June 3. Violent Profits. Ronald Forbes in Tertowie v. Patrick Moir, occupier of the

shadow third of Kynneller. The pursuer produced Decree of Removing against the
defender dated 31 October 1606. The Defender consented to removing, but was
allowed to lodge defences on 10 June against the claim for violent profits. The end of
the case is not reached in this volume.

Decree of Removing. James Setouri of Petmedden v. John Sangster in Crage.
Four oxengait of the lands of Crage in Udny. Sasine under the hands of James
Davidsoun and Gilbert Thomsone produced, but no date given. The Defender did not
appear.

Reference to Oath. John Wilguis in Litill Artrochie v. Margaret Cheyne, wife
of Andrew Reid of Collestoune. The Pursuer sued for two bolls of meal delivered to
defender ; but on a reference to her oath she deponed that she received them by her
husband's command as part payment of the Pursuer's rent.

4. Assault — Blood-drawing. Procurator Fiscal v. George Tailzeour in

For " the blude drawing of James Cruffis in the heid" the accused was ordained " to
pay to the Procurator Fiscall in name of his Majestic and Shreff" £ IO> and to the
injured man as compensation ^5. Cautioner for payment John Mill, Tailzeour, burgess
of Abd.

Breach of Arrestment. Mr. Wm. Barclay, Procurator Fiscal, and Thomas
Birnye in Kinglasser v. Alexr. Cruden there. Defences ordered on 23 June, when
there was a continuation, after which no entry has been found.

Removing. Jean Abirnethy, with consent of John Urquhart of Craigfintray, her
husband v. Margaret Watsone, widow of Robert Brabner and wife of Patrick Watt.
The female Pursuer claimed to be " conjunct fear or at the leist lyferenter " of Froster-
hill in Bethelny, from which she sought to have the Defender removed. The Sasine
produced was under the hand of the late Patrick Chalmer, Notary Public. On June 23
Mr. Wm. Reid, procurator for the Pursuers, borrowed up the " haill proces " and
signed a receipt in the Diet Book. The cause was advocated on 8 July.

General Service. Janet Forbes to Alexr. Forbes in Braidhauche,1 her father.
( Vide p. 58 supra. )

Service — Tutory. Janet Forbes, daughter of Alexr. Forbes, sometime of Bred-
hauche. Wm. Forbes, her father's immediate elder brother, was appointed, for whom
William Forbes of Poflug, his father, was cautioner. ( Vide p. 58 supra.)

i This name, which like most place names was a descriptive one, has now been corrupted
almost beyond recognition into " Breda." In similar imitation of certain southern disabilities of
utterance " Fawbs" is rapidly superseding the ancient " Forbes " or " Forbas." When we come
to have " Awton " for " Hauchetoune " and " Whiteaw " or even " Witeaw " for " Whitehauche "
or " Quhythauche," we shall have gone still farther on the downward path, which many Scots-
men, alas ! think it fashionable to tread.

Aberdeenshire Sheriff Court :

1607.

June 4. Tutory — Delegation of Office. The said Wm. Forbes to Wm. Forbes of
Poflug, his father. On the narrative that he was going abroad the tutor give power to
his father to fulfil the duties of tutor to Janet Forbes, the niece of one and grandchild of
the other. (Vide p. 132 infra.)

5. Decree of Removing. Gilbert Blak, Couper, burgess of Abd. v. Beatrix Browne,

widow of Wm. Blak sometime in Newburgh, and Gilbert Blak, his son, and others.
The Defenders were occupiers of certain tenements " ruidis croftis & aikeris " in the
Barony of Newburgh particularly described in the decree. The Pursuer's Sasine under
the hand of John Nicolson, Notary Public, dated II April 1581, was produced.

9. Decree of Removing. Robert Keyth of Auldmad v. Wm. Keyth, Isobel Keyth,

widow of Gilbert Keyth, John Keyth, Elspet Nicoll, widow of Wm. Fynnie, and James
Fynnie, her son, all in Nether Altrie. The pursuer was tacksman and titular of Nether
Altrie in the parish of Deer in virtue of a contract between him and Wm. Keyth, son
of the late Sir Wm. Keyth, containing an assedation of the lands dated 21 January 1607.

10. Lawborrows. John Fraser, Walker in v, Patrick Cheyne, son of the
late Mr. Gilbert Cheyne. Cautioner James Leslie at the Mill of Buchanstoun under
penalty of ^100.

Decree of Removing. Dame Elizabeth Forbes, Lady Sincler v. James Hardie
in Mekill Haddocht, Gilbert Trowp in Litill Haddocht and Jeane Smyth, widow of
Walter Liggertvode in Fornatie. The first two defenders were removed from parts of
Mekill and Litill Haddocht, and the third from Fornatie all in the Barony of Newburgh
and parish of Foveran, the Pursuer being liferenter of the lands. Her Sasine was
dated 12 September 1566. Notary Mr. John Robertsone.

Removing. James Creichtoun, yr., of Frendraucht v. George Creichtoun of
Tillikerie and another. The lands dealt with were the town and lands of Pardarg in
the Barony of Frendraucht. The date of the Sasine produced is not given, but the
notaries were Geo. Cheyne and John Leslie.

11. Decree of Removing. Wm. Udny of that Ilk r. Arthur Udny of Auchloun.
Decree pronounced in absence.

Decree for Payment. Mr. Robert Chalmer of Hessilhead v. Wm. Irvyng in
Denmyll. Two bolls of beir worth 20 merks with 2O/- of expenses.

Decree of Removing. Hew Craufurde of Quhyithill v. Alexr. Meldrum in
Quhythill. The defender was in occupation of 16 oxengait of Quhythill and 8 oxengait
of Brounchill in the parish of Deer and Barony of Fedderet.

Decree of Removing. Cristane Fraser, Lady Fedderet v. John Lowrance,
Magnus Will, Andrew Creak, James Hendersone, James Bedy, and Wm. Craufurd, all
in Ernsyde. The defenders were in occupation of portions of Ernsyde [Ironside] in the
parish of Deer, of which the pursuer was liferentrix. Sasine produced dated 4 March
1582. Notary Mr. Andrew Clark.

J22

Diet Books: Vol. IX., Contents

1607.

June 17. Special Service (Inq. Spec. Abd. No. 109). Wm. Gordoun of Abergeldie to

Alexr. Gordoun of Abergeldie, his father. Grandoun, Auchmull, Perslie, and Crabis-
toune. In non-entry since death of ancestor in June 1594. Reserving to John Gordoun
of Crabistoune, brother german of the heir, his right and title to Crabistoune ; to
Thomas Gordoun of Grandoun, another brother, his right to Grandoun and Perslie,
Waulkmill, and salmon fishing on the Don ; and to James Gordoun, another brother,
his right to Auchmull.

Assault — Blood-drawing. The Procurator Fiscal and Andrew Meldrum in
v. James Moresone. The fines inflicted were £10 to the Fiscal for His
Majesty and ^5 to the injured party.

Spuilzie. Patrick Couttis in Innerernane v. Alexr. Straquhan, fiar of Glenkyndie.
In absence of the defender, the libel was admitted to the pursuer's probation.

20. Decree of Removing. George, Erie Merschell v. Wm. Andersone in Froighill.

The Earl sued for himself and on behalf of John Andersone of Dennis, his tenant, for
removal of the Defender from the town an 3 lands of Froighill and a part of Dennis called
Andeiswallis in the parish of Deer. A Sasine and lease were produced, but no particu-
lars are given.

Decree of Removing. Wm. Keyth of Pettindrum v. Margaret Cuik, widow of
John Barclay in Pettindrum and John Cuik her father, Robert Leist, alias Wobster, in
Perschorne, Alexr. Gawdie in Pettuleis and George Quhatsone in Chappeltoune. The
various holdings were Blakhillokis, Mowetis land, Blakfaukl, Ramsayes land, Persce-
horne, Pettulleis, and Chappeltoun in the parishes of Philortht and Abirdour. Particu-
lars of Sasine not given.

Advocation. Sir Archibald Dougleis of Kellour, knight, and Dame Barbara
Forbes, his wife v. James Banerman of Crakinhill and Margaret Hay, his wife. An
action was apparently depending by Banerman and his wife against Dougleis and his
wife for delivery of "abulamentis guidis & geir and gold smyth wark" which was
stopped by Letters of Advocation, "ay and quhill the deidlie feid mentionat in the
saidis letteris standis onreconseillit."

23. Decree for Payment. John Collie, sometime in New Madlerne r. John Buchane

there. 8 pecks of oats "calf come" crop 1605, price 36/8, with 6/8 of expenses, were
decerned for.

Nature of Action not disclosed. Wm. Rany v. Arthur, Lord Forbes,

Dame Janet Seytoun, his mother, and others.

25. Removing. Gilbert Gray of Schewes v. Andrew Pirie and Janet Blak there.

The Sasine produced was under the hand of the late Mr. John Gray, Notary Public.
Defences ordered for 30 June, when they were lodged. Replies were put in on 4 July,
after which no entry has been found.

123

Aberdeenshire Sheriff Court :

1607.

June 25. Removing. Francis, Earl of Errull z>. Thomas Hay in Cask and George Hay,

his son, Robert Mackie in Deiphedder, John Austean and a number of others in Taartie.
The Pursuer, as proprietor of the Barony of Slains, sought to remove the Defenders from
Auchquharnie, Deiphedder and Taartie. The Pursuer is said to have re-produced his
Sasines which were lying in the clerk's hands.

30. Decree of Removing. Wm. Trowpt of Beggishill v. Gilbert Wricht in Mill of

Beggishill. The Defender was occupier of Mill of Beggishill and part of Troupismill in
the parish of Drumblait. Sasine dated 10 Novr. 1585. Notary Wm. Ogstoun.

Cutting Green W^ood. James Creichtoun, Younger of Frendraucht, with consent
of James Creichtoun of Frendraucht, his father, as administrator v. George Creichtoun
of Tillikirie. The Pursuer's Sasine was produced, but without particulars. Defences
were lodged on 8 July.

Removing. Thomas Spcns of Bogforthe v. Andrew Thomson in Piriesmill. The
subject was a croft of Piriesmill in the Barony of Kynmondie by annexation and parish
of Drumblait. Sasine dated 5 Octr. 1598. Notary George Cheyne.

Violent Profits (Incomplete). George Adamsone in Elphin v. Wm. Leask of that
Ilk. The Pursuer's case was that the Defender evicted him in May, 1600, from Bals-
champhie in Ellon and for violent profits, but the Defender was assoilzied.

July I. Arrears of Rent. Alexr. Irving of Drume v. Wm. Chalmer, sometime of Tilli-

kirie. This was a diet of proof. In the Defender's absence there were examined, as
• witnesses for the Pursuer, Alexr. Matthowsone and Thomas Johnestoune in Kynkell,
Andrew Symmer in Hedden'eik, Gilbert Leslie and John Neill in Northe Boge, Alexr.
Irving, burgess of Abd., John Andersone in Burnegrannis, and Patrick Stewin and
Charles Philpe in Kynmukis. There were produced the Confirmed Testament of the
late Alexr. Irving of Drume, the Pursuer's Sasine, a Missive Bill directed to the Pursuer
by the Defender, and the Extract of the "Feirs" ol the years libelled. Neither the
lands nor the years, for which rent was claimed, are mentioned , but it may reasonably
be assumed that the lands of Kynmuk were those referred to.

4. Decree of Removing. John Leslie of Petcaple v. John Chalmer in Wester

Fintray, and John Foullertoun for his interest. The subjects were the Brew Croft and
Brewhousc of Wester Fintray in the parish of Fintray, with privilege of brewing.

Removing. John Gordone of Crag v. James Gairdyne of Blakfurde. The
Defender occupied 4 oxengait of the'lands of Langland, part of the lands of Auchindoir.
Sasine of Anchindoir produced under the hand of Mr. Wm. Thomsone, Notary Public.
Defences and Answers were put in on 8 July.

Spuilzie. Alexr. Fraser of New Forrest v. Alexr. Forbes in Turriff, James
Lessell, Messenger, and their colleagues. The subject matter is not stated : but the
procurators for the Defenders not appearing, the case was admitted to the Pursuer's
probation.

124

Diet Books: Vol. IX,, Contents

1607.

July 4. Theft, Reset of Theft, and Habit and Repute. The Procurator-Fiscal v. John
Patrie in Gilquhomstoune, who was charged with a number of acts of sheepstealing, and
also with stealing from the tenants of Gilquhomstoune five bolls of beir yearlie for four
years past : but of all these charges Patrie was acquitted. The jury however convicted
him of being a common thief, and he was banished from the Sheriffdom and his move-
able goods escheated to the use of the Crown, the Sheriff and his deputes.

8. Appointment of Mair Depute. Andrew Creichtoun servitor to the Laird of

Frendraucht was presented by Mr. George Bisset, Mair of Fee, admitted by the Sheriff
depute, and sworn in.

Nature of Action not disclosed. Hew Gordoune in Abercatteis v. Mr. Gilbert
Keylhe in Auchquhorsk and Burnat, his wife. An assignation by Henry Forbes

of Kynneller was produced by the Pursuer.

10. Liquidation of Prices. James Forbes of Fechill v. Geo. Banerman of Walter-
toune as Tutor to Edward Bruce. The Pursuer already held a decree for a balance of
the rent of 12 oxengait of Fechill and a croft called Proctor's croft in the Lordship of
Altrie. By this decree the prices of the victual and others in which the rent was payable
was liquidated by the evidence of five witnesses who fixed the value of a boll of meal at
^"4 6s. 8d., a boll of Quhyt II merks, a wedder 4 merks, a lamb 16/8, a capon 5/-, a
pultrie 3/4. Before the proof was taken it was pleaded for the Defender (whether the
pupil or tutor does not appear) that he was not properly summoned, being resident in
Kincardyne ; but it was held that the action was properly brought in Aberdeen, ratione
rei de qua agitur. The prices fixed were the " niest " prices.

11. Special Service (Inq. Spec. Abd. No. 110). Alexr. Gordone of Cluny to Sir
Thomas Gordone of Cluny, his father. Carvethin, Thornywray, Corsistane, Peireismyll,
Sliauche, Adamstoun and others. In non-entry since death of ancestor in December
1604.

13. Lawborrows. Thomas Forbes and other burgesses of Aberdeen v. George Kying

in Grandoun and George Ewen in Corthybuk. The complainers were in possession of
the Cruives of Don and were being interfered with by the respondents, for whom
Robert Stewart, burgess of Abd. became cautioner under penally of 400 merks for each.
The lawborrows had been taken out in the Court of Session. Stewart, Kying and the
Sheriff depute signed the entry.

The entries for 1607 take end here.
1619.

April 8. Assault— Blood-drawing. Andrew Cuming, Lax fischer v. Patrick Howat,

indweller in Abd. Alexr. Jaffray of Kingiswallis was cautioner for the entry of the
accused upon 15 days warning and signed the Act of Court. Howat's obligation to
relieve his cautioner was signed by John Hunter, Notary Public.

May 26. Lawborrows. Robert Gardin in Kingiswalls v. James Chrystie in Baddintuithe.

Cautioner Alexr. Chrystie in Litill Fynnersie.

Removing. (Imperfect). Margaret Hay, widow of Michael Fraser of Techmurie,
and Alexander Fraser, their son and apparent heir v. Patrick Hay in Craigheid. The
lands of Craigheid in Deer.

125

Aberdeenshire Sheriff Court:

1619.

July 15. Lawborrows. Alexander Annand of Arduthie v. Wm. Forbes of Tolquhone.

(Out of There is here copied a certificate testifying either that lawborrows had been taken out
date.) or security for ^1000 found in the Court of Session.

June I. Removing. Mr. John Strauchauchin, portioner of Kincardin v. James Robert-

sone in Kincardin. The Pursuer signed a receipt to Mr. Alexr. Davidson, his
Procurator for a Sasine of Kincardine, dated 13 Jany. 1616, under the subscription of
Alexr. Middiltoune, Notary, which had been produced in the process.

1 8. Lawborrows. Patrick Leslie, Dempster and Mardroune Ross his v.
Andrew Reid, lawful son of the late Edward Reid, Skinner in Abd. Cautioner Wm.
Craigheid, burgess of Abd. The caution was ^100.

30. Personal Obligation. Thomas Touche in Corsinday in favor of John Gordoune

of Lytill Go will. Touche enacted himself to pay £20 twixt this date and 12 July, and
failing payment £10 as for "cost skayth & dampnage."

Admission of Mair Depute. Patrick Gordoune in Bogheid, who had been
appointed, appeared, accepted office, took the oath defideli, and found Normond Lesly,
burgess of Abd., as cautioner for him.

Augt. 18. Fiars Court. John Gordoune of Lytill Gowill and Mr. Wm. Paip, Advocate

were on the bench, and there were six jurors (apparently they were witnesses as well),
viz. : Alexr. Burnet, burgess, Alexr. Chalmer, burgess, Mr. Wm. Ray, Advocate, Wm.
Forbes in Kynadie, Robert Middiltoun in Sauchin and Wm. Leiwingstoune in
Corsinday.

Lawborrows. John Smyth in Bandtuithe v. Wm. Aitken there ct e contra.
Each was bound to keep the peace under the penalty of .£100. Cautioner for Aitken,
John Chrystie in Corsinday, for John Smith, Alexr. Smyth in Carneday.

19. Personal Obligation. Wm. Aiken in Bandtuith in favor of John Gordoune of
Lytill Gowill. Aiken enacted himself to pay £20 betwixt this date and Michaelmas,
and £10 in case of failure.

Personal Obligation. Duncan Gellan in Calsietoun of Corsinday in favor of John
Gordoune of Lylill Gowill. Gellan enacted himself to pay £$o, payable half on 25
Augt. and the other half before Michaelmas, with ,£10 penalty for each failure.

Deer. 22. Manslaughter. James Waenis in Aswanlie was cited to appear before the

Sheriff in the Tolbooth upon 15 January to answer to a charge of having killed or being
art and part in the slaughter of James Bartill in Pleylands on 12 Deer. Cautioners
George Calder of Aswanlie, James Gordoune in Beldornie, George Waenis in Davids-
toun and Thomas Dey in Aswanlie. There is no entry on 15 January, but on 20 May
Ca'der entered Waenis and protested before witnesses that he be freed of his cautionary.
( Vide also 5 July p. 127 infra.}

126

Diet Books: Vol. IX,, Contents

1620.

Jany. 19. Warding in Aberdeen. James Leslie of Drumdollo. What the charge against

Leslie was is not disclosed, but he had evidently been in " the Kingis ward hous." On
his enacting himself to pay the Sheriff £1000 in case of failure to re-enter upon ward on
I May following, the Sheriff gave him liberty provided he did not leave the burgh
except to attend the Consistorie Court of Old Aberdeen upon his lawful affairs.

Mch. 22. Assault — Blood-drawing. Andrew Downie in Maynis of Kyntor, charged with

assaulting Wm. Cowper in Bogheids. Downie, by Alexr. Spalding his procurator,
pleaded res jitdicata, in respect he had already been tried and acquitted by a jury in the
Baillie Court of Kyntor, and offered to produce the Act of Court on condition of its
being delivered up again.

23. Copy Inventory and Receipt for Title Deeds. Adam Gordoun of Boigholl
had raised an action for exhibition of the writs of the lands of Sapphak in the Parish of
Fyvie. In that process Mr. Robert Paip, Advocate had produced a "banded coffer,"
the contents of which were ordained, by Decree of Exhibition dated the previous day, to
be delivered to Adam Gordoun, as heritable proprietor of the lands. The writs were
as follows : — I. Contract between Mr. Wm. Meldrum of Haltoun and Alexr. Gordoun,
eldest lawful son of Sir Thomas Gordoun of Cluny with consent of John Erskin of
Balhaggartie, his tutor, dated at Clochorbie I June 1593. 2. Charter following thereon
in favor of the said Alexr. Gordoun, of same date. 3. Instrument of Sasine following
on the Charter, dated 3 June 1593. Notary James Murray. 4. Charter and Disposi-
tion by the said Alexr. Gordoun to George Gordoun of Chappeltoun, Jean Gordoun, his
wife, and Wm. Gordoun, their son, dated 18 April 1605. 5. Instrument of Sasine
following thereon, dated 20 April 1605. Notary the late George Clerk. For these
Adam Gordoun gave a receipt to the Sheriff and Sheriff Clerk.

May 9. Manslaughter and Blood-drawing. John Meldrum, for whose entry Mr.

Robert Forbes was cautioner. The charges were for the slaughter of Alexr. Duncane,
elder, in Lytill Fynnersie, and for an assault upon Thomas Duncan, servitor to the said
Alexr. Duncane, elder, with a " durk " in the arm. ( Vide p. 133 infea.)

June 10. Lawborrows. Charles Chalmer in Balbithan, Robert Chalmer in Tofthillis, John

Chalmer there, Alexr. Chalmer there, Robt. Gordoun in Tiiliangous v. Duncan Elmslie
in Racheills, George Elmslie in Harthills, Wm. Elmslie in Fetter, Andrew Elmslie in
Wreittoun, Adam Watt in Netherbiging of Auchquhortes and John Patersone in Thains-
toun, son-in-law to Duncan Elmslie et e contra. Evidently a local feud. The two first
named on each side for themselves and the others were bound as cautioners under
penalty of 2OO merks.

JulyS- Manslaughter. James Waenis. Thomas Dey in Aswanlie, Wm. Richardsone in

Auchbeigis and James Gordone in Mains of Beldornie became cautioners for accused's
appearance on 1 5 days' warning. ( Vide p. 1 26. )

26. Removing. Wm. Hardie in Mekill Haddo v. Alexr. Blak in Newburghe. The

subjects were 7 rigs of land and "sex buttis lyand within Amggettis Law," and ^ rigs
in the Baukfauld in the parish of Foveran. One notary signed for those who could not
n write in this and the two preceding cases.

12

Aberdeenshire Sheriff Court:

1620.

Septr. 5. Manslaughter. Andrew Currie in Ardfork and Gco. Bruce, servant to Andrew

Meldrum of the Muiris of Fywe. The charge was of killing Robert Moidan in Kilnary
upon 29 Augt. Win. Straquhan in Tarves, as procurator for Wm. Forbes of Tolquhone,
brought the accused to the Sheriff depute "quha acceptit the saids personis & pat thame
in suir firmance in the Irnes." The accused were tried on 12 September, the widow and
brothers of the deceased being the accusers. The charge was "that thai or ather of
them had slain the said umquhill Robert with ane straik of their feit in the bellie." A
jury of 19 were empannelled, who unanimously acquitted Bruce and by a majority
convicted Currie. A cross appears opposite the names of two jurors who might have
formed the minority. The sentence is not written in.

Assault — Blood-drawing. Alexr. Findlater, Litster, bound himself under pain
of ^100 to appear on 48 hours' notice to answer to a charge of this kind.

Octr. 3. Letters of Caption. Katheiine Thornetoun v. Alexr. Leslie in Kirkhill. James

Gareoche in Kinstair bound himself under pain of 500 merks to enter Leslie, who had
been apprehended, in the chamber of John Gordoun of Lytill Gowill between 9 and 10
o'clock next day. The residence of the Sheriff is thus described : — "John Gordoun his
awin Chalmer in the hous of John Touche elder burges of Abd. lyand on the west syde
of the Gallowgait of the said burghe." On the margin is written "4 October 1620
This Act deleit with consent of the pairteis J. G. Sreff."

6. Lawborrows. Wm. Keyth in Auchronie, Alexr. Forbes in Lachintillie and

James Mackie in Lytill Endovie el e contra. The penalty for breach was 200 merks.
The cautioner for Forbes and Mackie was Patrick Fouller in Drumnahethe, while John
Keyth in Tertowie became cautioner for Wm. Keyth.

Novr. 17. Curatory. Annas or Agnes Forbes, lawful daughter of John Forbes of Bairnis.

The next of kin called were Wm. Forbes, burgess of Abd., John Leyth, apparent of
Harthill, George Forbes of Skelliter, and Wm. Leyth, burgess of Abd. With consent
of her father, who appeared by Wm. Cordoner, Advocate in Abd., his procurator, the
minor elected the said Wm. Forbes and John Leyth, who became cautioners for each
other.

Renunciation. The said Annas or Agnes Forbes. With consent of her father
and her curators she renounced all right in the moveable succession of her late brother
german, John Forbes of Newtoun of Premnay, or which she might be entitled to by the
decease of his children, John and Susanna Forbes, and that in favor of Niniane Setoune
in Kirktoun of Bourtie, the testamentary executor of her brother.

Renunciation. Gilbert Forbes, lawful son of John Forbes of Bairnis. This entry
is mutatis mutandis in terms with the preceding entry.

July i. Nature of Action not disclosed. Mr. Win. Forbes, Sub-principal of the King's

Colledge of Auld Abd. v. Allaster and John Cliriche in Bithnie and Alexr. Luncar there.
Defences produced, which were replied to on July 4 and interlocutor pronounced on
July 5, but the terms of it are not given.

5. Nature of Action not disclosed. James Leslie of Drumdolo z>. James Crich-

toun in Comalegie. Interlocutor pronounced.

128

Diet Books: Vol. IX., Contents

1620.

July 8. Removing. Isobel Forbes, Lady Williamstoune v. John Schand. This day had

been fixed for the Defender's proof and for him to find caution for violent profits, but
apparently none was forthcoming and the term was circumduced.

Breach of Arrestment. The Procurator Fiscal and John Erskine of Balhagartie
v. Hector Davidsoun at the New Mill of Knokallachie. Proof fixed for July 19.

12. Assaults — Blood-drawing. James Cruickschank in Knokleyth and Helen

Thomsone, his wife. The former was charged with an assault upon David Ross
in Knokleyth' in May preceding, and his wife with assaulting Elspet Walker, wife of
Wm. Robertsone in Knokleyth in June 1618. Both were acquitted by the jury, whose
chancellor was George Barclay in Badinscoth.

Admission of Mair depute. Wm. Abirnethie in Knokleyth. Cautioner Robert
Dempster of Cushnie.

14. Murder. Thomas Allan in Saphak. This was a Justiciary Court held by John

Gordoun of Ly till Gowill, Sheriff depute, and George Setoun of Schethyne, as Justices
depute in that part under special commission dated 29 June. The charge was of mur-
dering John Allan at the Mill of Balheluie. The jury by a majority of 18 to I convicted,
and the accused was sentenced to be hanged.

Crime not stated. James Andeisone. The following is the whole entry,
" The said day the Sref deput forsaid ordanit James Andersone to be hangit & put to
the deathe for his demereits. "

19. Revocation of Deed Granted in Minority. Wm. Leslie, son of John Leslie

of Karthine, revoked an obligation made in minority to his brother Francis for ^130
less or more.

26. Assault — Blood-drawing. Wm. Tailzcour in Forvie was bound to appear on

August 10 under pain of £100 to be tried on a charge of assaulting Wm. P>inss in
Ennettis.

29. Fiars Court. There were two Sheriffs Depute and 7 jurors.

Augt. 12. Assault— Blood-drawing. John Troupe in Gilcomstoune. The accused did not

appear and was fined ^50. Alexr. Davidsoune in Inverchat, the injured party, got an
award of ^10.

Octr. 6. Removing. John Hay of Cremondmogat v. George Boyak. Alexr. Mylne, Boat-

wricht in Abd. , was cautioner for violent profits.

18. Curatory. Robert Blakhall, son of Wm. Blakhall, burgess of Abd., elected

Alexr. Blakhall, Mailman, burgess of Abd. , to be his sole curator, for whom the minor's
father was cautioner.

21. Assault — Blood-drawing. Andrew Ilendersone was amerced in a fine of

and £10 to the injured party.

Theft. Elspet Forbes, being convicted of several charges of theft, was banished
from the county and made to consent to be drowned without trial if she came back.

25. Charge not stated. Alexr. Angous at the Locheheid became bound to appear

on Novr. 2 under penalty of ,£100.
R 129

Illustrative Examples taken from Vol. IX. of Diet Books

I.

Action of Removing— Procedure

(3 June 1607)

The said day in the Actione of Removeing perseuit be James Forbes
of Lethintie aganis Peter Hay in Fechill and Patrick Annand thair Com-
peirit Mr Alexr Irving and Mr Arthour Wat procuratours for the persuer
and producit ane summonds execute to this day aganis the said defen-
ders and for instructing thairof producit ane Warning with ane Seising
under the signe & subscription!! of Mr John Robertsone Notary and
according thairto desyrit Decreit Ex aduerso compeirit Mr WTa Reid
procuratour for Patrick Annand and Andrew King for Peter Hay and
desyrit ane day to gif in defenssis to quhome the Shreff assignit the fyft
of Junii instant to that effect

(5 June 1607)

The said day Contenvis the ingewing of the

saids defenssis to the xii of this instant with consent of Mr Alexr Irving
procuratour for the persuer Reid et King procuratours for the defenderis

(12 June 1607)

[Reid et King] Compeirit and producit the saids defenssis in
presens of Irving procuratour for the perseuer acceptand to ansuer
thairto xvii instant

(17 June 1607)

The said day The Shreff with consent of the

procuratours for the pairteis Contenvis the ingewing of the saids replyis
to the xix of this instant.

(19 June 1607)

The said day Compeirit Irving procuratour for the

perseuer and producit the saids replyis in wreit and the

Shreff assignit the xxiii of Junii instant to pronunce interlocutour in the
said cans

130

Diet Books : Vol. IX., Illustrative Examples

(23 June 1607)

The said day the Shreff contenvis the pronunciatioun of his inter-

locutour to the tuentie fyft day of Junii instant In

presens of [the procurators are named here] warnit thairto.

(25 June 1607)

The said day The perseuer compeirand be

Maisteris Alcxr Irving and Arthour Wat his procuratours The said
Peter Hay be Andrew King his procuratour and the said Patrick Annand
and Mr Wa Reid his procuratour nocht compeirand this day The Shreff
deput foirsaid [Robert Gareoche] haueing hard sene & considderit the
persewars libell precept of warning & executionis thairof and Seising
producit, defenssis proponit for the pairt of the said defenderis ansueris
replyis maid thairto and haill proces and thairwith being ryplie and at
lenthe advysit Repellit the haill defenssis proponit for the pairt of the
said Peter Hay and admittit the libell with the last reply maid to the
last defence to the persewars probatioune and assignis the tent day of
Julii nixt to cum to the said persewer to preiwe the same And that ilk
day to the said Peter to set Caution for the violence in caice of evictioun
with certificatioune in caice of failzie Decreit of Removeing to be pro-
nuncit aganis him in presens of the said Andrew King his procuratour
warnit thairto apud acta And siclyk Repellit the haill defenssis proponit
for the pairt of the said Patrick Annand except the last defence beirand
in effect that he hes Set and Assedatione of the lands libellit for the yeir
contenit in the libell for the dewaty thairin contenit maid to him be
umquhill Wa Forbes of Fechill quha haid power to do the samen quhilk
the Shreff admittis to the said Patricks probatione Reserveand contra
producenda and assignis the said tent day of Julii nixt to cum to preif
the samen peremptourlie and that ilk day to set cautione for the violence
in caice of evictioune with certificatioune as said is and ordanis intima-
tioune to be maid heirof in dew tyme to the said Mr Wa Reid procuratour
for the said Patrick quhairupone the saids procuratours for the parteis
took act of court & instrument

(10 July 1607)

The said day In the terme assignit to the perseuer

to preif his libell with the last reply proponit be him [etc as in preceding
interlocutor] Compeirit the persewar with Maisteris Alexr Irving and
Arthour Wat his procuratours and producit ane summonds execute
quhair intimatioune was maid of the pronunciatioune of the said inter-
locutour to the said Mr Wm Reid procuratour for the said Patrick
Annand and that this day was assignit to him to preif the said excep-
tioune and set cautione as said is and desyrit the dyat to be satisfeit Ex

Aberdeenshire Sheriff Court:

aduerso Compeirit the said Mr Wm procuratour for the said Patrick and
protestit in the contrair in respect as he alledgit the interlocutour was
nocht pronuncit in his presens and na lauchful intimatioune was maid to
him of the assigning of the terme nor yit to the pairteis adheirand thairto
desyrit persewars ayth de calumnia gif he haid just cans to refuis the said
exceptioune quha gaif his ayth that he haid just caus to do the samen
and [Mr Reid] producit ane Assedatioune maid be umquhill Williame
Forbes of Fechill to the said Patrick of the lands libellit including the
yeir of the warning and protestit for absoluitour And the persewar in
the contrair protestit for condampnatour & for decreit of Removeing to
be pronuncit aganis him in respect the last act is nocht satisfeit be seting
of cautioune for the violence in caice of evictioune quhilk protestatioune
the Shref admittit [and ordained Annand to remove from 12 oxengait of
the middle third of Fechill in the parish of Ellon] And siclyk [there was]
producit for verefeing of the said libell and reply aganis the said Peter
Hay ane discharge maid be him to the said James Forbes of Fechill of
ane Assedatioune maid be him to the said Peter with the said James
Seising of the lands libellit warning & executiounis thairof in presens of
the defender & Andrew King his procuratour quha desyrit ane day to
obiect contra producta to quhome the Shref assignit the xv day of this
instant Julii to that effect and that ilk day to set cautioune for the vio-
lence in caice of evictioune with ccrtificatioune decreit to be pronuncit
aganis him Quairupone the perseuer askit & tuik Act of Court &
instrument

(no farther entry)

II.
Delegation of the Office of Tutor

(4 June 1607)

The said day Williame Forbes tutor to Jonet Forbes pupill lauchfull
bairne of urnquhill Alexr Forbes of Bredhauche Being of intentione to
travell alsweill in this realme as in forein cuntreyis as he hes bene
accustomit in tyme bypast And in respect Williame Forbes his father is
becum cautioner for him de fideli administratione in the Tutorie forsaid
and for utheris caussis moveing him Gewis full power to the said Williame
his father to enterteine the said Jonet pupill in meat & claith during the
tyme of his said tutorie he being on lyff one the brokis and profeittis of
hir awin geir to be allowit to him in the first pairt thairof according to
her rank birthe and estait And als gewis full pouer and libertie to the
said Williame Forbes his father as guidsir to the said pupill to uptak lift
& receaue the haill sowmes contends of actis contractis obliatiounis

Diet Books : Vol. IX., Illustrative Examples

cornis cattell hors nolt scheip insicht outsicht plenissing and all utheris
moveabills and debtis pertaining to the said pupill and that fell to hir be
deceis of hir umquhill father and mother And als to uptak the maills &
dewateis of quhatsumeuir wodsettis hir said umquhill father & mother
haid the tyme of thair said deceis that fell thairby to the said pupill and
sowmes of monie one the saids wodsettis thairone acquittancis & dis-
chairgis to gif as he micht haue done as tutor to hir befor the making
heirof during the haill tyme of the said Tutorie becaus the said guidsir
may bettir attend thairone than the said tutor himselff And gif it sail
happin the said Williame Forbes of Pofluge to depairt this present lyff
befor the expyring of the said Tutorie it sail nocht be lessum to the said
Williame Forbes tutor forsaid to mell withe ony of the saids pupills geir
lands wodsettis or profeitis thairof quhill he first set sufficient cautiouners
be the sicht of (illegible) Cultis fear of Auchtercoull and Robert Forbes
of Inver coniunctly that the same sail be furthcumand to the pupill as
law will And that the said Williame Forbes of Pofluge his airis maill
and assignais be harmeles and skaithles of the samen intromissione at the
hands of the said pupill hir airis and assignais Reserveand alwayis to
the said tutor compt rekoning and payment of the superplus of the saids
pupills rentis by and attour hir awin sustentatioune to be allowit as said
is Quhairupone the saids Wm Forbes elder and Wm Forbes younger
tuik act of Court & instrument

III.
Trial for Manslaughter and Assault

(9 May 1620)

Compeirit Johne Meldrum with Mr Robert Forbes his cautioner and
enterit upone pannell and in respect of his entrie the said Mr Robert
protestit he sould be frie of his cautionarie The said Johne being upone
pannell and accusit for the slauchter of umquhill Alexr Duncane sone to
Alexr Duncane elder in Lytill Fynnersie denyit the samen and that he
was nawayes nar hand him airt nor pairt thairof And being accusit for
the hurting wonding & bluid drawing of Thomas Duncane seruitour to
the said Alexr Duncane elder confessit the samen Compeirit Mr Wa
Barclay younger procuratour for the said Alexr with the said Alexr
lyikwayes present at the bar and tuik instrument upone the declaratione
and confessioun of the said Johne concerning the bluid drawing of the
said Thomas Duncane committit be him at the tyme of the said slauchter
Siclyik compeirit the said Mr Wa procuratour as said is and alledgit that
the pairtie is citat to compeir befoir the Justice Generall or his deputes
to the twentie ane day of Junii nixt to underly the law for the alledgit

133

Aberdeenshire Sheriff Court

slauchter committit be him and thairfoir na proces at the instance of the
procuratour [? Fiscal] aganis the said Johne Lyik as the said Alexr Dun-
cane elder being present with his said procuratour alluterlie disassentis
to this judgement [? seat] Compeirit Mr Wa Ray Procuratour Fiscall
and acceptit the compeirance of the said Alexr Duncane & requerit him
to insist and to giwe in ane bill of assyis And adheirand thairto anserit
that the alledgance aucht to be repellit as irrelivant newir qualefeing that
Johne Meldrum present and pannellit was chairgit lauchfullie be wertew
of our Souerane Lords letteris to underly the law at the day aboue spcci-
feit befoir the citatione raisit and execute in dew tyme within twentie
four hours nixt eftir the committing of the alledgit slauchter In respect
of the quhilk citatione lauchfullie & in dew tyme maid be the Shrefis
precept the said chairge gevin be wertew of our Souerane Lords [letters]
can not stay nor impeid the Shref to put the said actione to the tryall of
ane assyis And the Shref nochtwithstanding of the alledgance remittit
the tryall of the said cryme to the personis of Assyis in respect thair was
na letteris of Advocatioun producit and that the said Alexr elder refuisit
to insist and to give in ane bill of Assyis being personalie at the bar In
respect of the summonds producit this day being execute within twentie
four hours nixt eftir the committing of the said fact befoir ony letteris
raisit befoir the said Justice Generall or executiones thairof

Nomina Assise

Alexr Thome in Mylneboy Jon Liddell thair

Patrik Fouller in Drumnahethe Gilbert Abirdour in Culquhorsie
Jon Fouller in Furdtoun James Walker in Brumhill of Echt

Paull Fouller in Leyludge Alexr Smyth in Kirktoun of Echt

Alexr Chopmane in Waster Echt James Gawane thair
James Liddell in the Maines of Echt
Alexr Baine in Tillioche
George Mackie thair
Thomas Patersone in Sonehunie
Arthour Chrystie in Lytill Fynnersie

The haill Assyis in ane voce be the mouthe of the said Alexr Thome
thair chancellar absoluis the said Johne Meldrum fra the slauchter of the
said umquhill Alexr Duncane airt or pairt thairof and convictis the said
Johne for the hurting wonding and bluid drawing of the said Thomas
Duncane with ane durk in the arme

The said Mr Wa Barclay procuratour for the said Alexr Duncane
elder protestit for nullitie of proces remeid of law reductioun and vilfull
errour aganis the Assysoris

The Shref amerciatis the said Johne in the sowme of fiftie punds and
fywe punds to the pairtie J.G. Sref.

The Minute Books of Judicial Enactments
VoL IL, J 608-14

This volume was obviously begun when Vol. I. of this series was
finished. It consists of 326 closely written pages, the first legible date
being 15 July 1608, and the last I March 1614. The fly leaves and
another leaf or two may be awanting at the beginning, and about 20
leaves at the end have been so very baldy damaged by damp as to be to
a large extent illegible. The general character of the entries is the same
as in Vol. I. of this series ; but signatures are much more numerous.
Two cases of Notarial subscription have been noticed. In the earlier of
these on 24 January 1610 George Barroun and Mr. William Chalmer,
Notaries public, signed for a widow who could not write ; but there were
no witnesses. The Notarial docquet of Barroun was in these terms " Ita
est Georgius Barroun Notarius publicus de speciali mandate dicte
Margarete Annand scribere nescientis ut asseruit," and that of Mr.
Chalmer was identical with it. In the second instance, on 3 1 October
1611, when David Hay in Bogheids of Fyvye and John Watsone in
Blakfuird, two of the parties appearing to enact themselves, could not
write, there was prefixed to the notarial docquets the following words : —
" David Hay and Johne Watsone foirsaid with our hands at the pen led
be the Notars underwritten at our commands becaus we can nocht wreit
ourselffs." Four witnesses also subscribed the entry.

'35

Table of Contents of Vol. II. of Minute Books of
Judicial Enactments

1608.

July 15. Loosings of Arrestments. Bessie Gordoun. liferenlrix of the lands of Tulloch,

and Robert Gordoun z'. Janet Seytoune, Ladie Forbes and her tenants. Peats in the
Moss of Tulloch. Cautioner John Collison of Auchlunies.

1 6. James Gardyn of Blakfeord v. John Meldrum in Blakfeord. Cautioner George

Setoune at the Myll of Saphak.

27. George and Gilbert Huddoun in Leslie v. Isobell Scot, widow of Henry Huddoun
in Abd. The widow was said to be detaining certain effects claimed as belonging to the
Pursuers and to the late Janet Huddoun, Henry's daughter. Cautioner George Lang,
burgess of Abd.

28. Assault— Blood-drawing. The Crown v. George and Wm. Smith, burgesses of
Inverurie, who were cited to appear on 10 August on a charge of wounding
and blood-drawing of Wm. Lyone in Hilbrey. Cautioner James Beingzie in Inverurie.

30. Loosings of Arrestments. George Gain [Gavin] at the Mylne of Allathein v.

Thomas Robertsonc in Boddemes and Patrick Richie there. The pursuer had arrested
in security of a claim for having been ejected from Boddemes. Cautioner Walter Bodie
in Ardiffrc.

Mr. Thomas Nicolsone, Commissary of Abd. v. Adam Gordoun and John Leith,
portioners of Boigholl. Crops sown and peats, &c. cast on the Hill of Drumnagair.
Cautioner George Lang, burgess of Abd.

Augt. 2. Adam Gordoun and John Leith, portioners of Boigholl v. Tenants of Kinmondy.

Crop sown and peats, &c. cast upon part of Durla Moss. Cautioner James Meingzes,
burgess of Abd.

5. Commission from Court of Session. —Oath de fideli. James Mowat and Mr.
Robert Davidsone, Advocates in Abd., who had a Commission from the Supreme Court
as " deligatis," and Sheriffs of Kincardine in that part, to cognosce upon the marches of
Portlathin and Balquharne belonging to Wm. Forbes of Portlathin on the one part and
the lands of [illegible] belonging to James Blindschell on the other part, all in the parish
of Banchory Devenick, took the oath de fideli before the Sheriff depute at Aberdeen.

8. Loosings of Arrestments. John Mar in Nethermure v. Wm. Fraser in Auch-

maleidie. Claim for a loan of 41 merks. Cautioner Wm. Youngsone in Auchmaleidie.

10. John Fergussone, burgess of Abd. v. James Banerman in Abd. Cautioner Patrick

Annand in Ortchertoune.

136

Judicial Enactments : Vol. IL, Contents

1608.

Augt. 10. Loosing of Arrestment. Alexr. Cuming of Culler v. James Kilruiff in Auld-

fauld and John Watsone there. Peats cast "in the Tolspeit myris of Auldfauld."
Cautioner John Carny, burgess of Abd.

Renunciation and Discharge. Annas Lorimer, wife of John Fraser, portioner
of with his consent renounced her rights in the Quarter lands of Mamewlauche,

teind sheaves thereof, &c., in favor of Alexander Murray [designation illegible].

5. Renunciation and Discharge. Christian Gordoun, wife of Gilbert Chalmer in

[?] Braikley, renounced any right she had in the lands of Klinkenwallis, otherwise
Ardsowis or Hilbeey in the Barony of Methlik in favor of the " richt honorabill George
Gordoun fiar of Haddo."

17. Loosings of Arrestments. Beatrix Fraser, widow of Thomas Muidey v. John

and Robert Muidey in Corskellie. The defenders were said to have intromitted with

the late Thomas Muidey's estate. John Tarves, occupier of eight oxcngait of Tulikiric,
was cautioner.

Patrick Buter v. Wm. Luches in Torieleithe, James Leuches there and Mr. Win.
Schein in Meles. Peats, &c., in the Moss of Elrick. Cautioner Wm. Logic, burgess
of Abd.

23. Win. Irving of Murthill v. Nicoll and Allan Ross in Tarlen and John Reid there.

Cautioner Patrick Davidsone, burgess of Abd.

Gilbert Meingzes of Petfoddellls v. Alexr. Rutherford, Provost of Abd. The corns
sown by Rutherford and his tenants upon the bounds of Gilcolmstone " and in speciall
on that pairt thereof callit the Threipfeilds lyand upone the Wast syd of the Garden Well
and North syd of the Den Burne of Gilcolmstone ascending up the said Burne as the
same rynnis to the Corbenest." Cautioner James Brabner, burgess of Abd.1

29. Thomas Kellie, Baxter in Abd. v. Robt. Symsone in Gilcolmstone. The Defender
was said to have wrongly intromitted with a seven year old horse of Kellie's, worth 50
merks. Cautioner John Barker, burgess of Abd.

John Edwart in Asheogill v. Robert Symsone in Hiltoune of Asheogill and Andrew
Symsone, his father. Defenders were said to be intromitters with the effects of the late
Barbara Edwart, Pursuer's sister. Cautioner David Symsone, Saddler in Abd.

30. Robert Symsone in Gilcolmstone and Gilbert Meingzes of Petfoddellis v. Thomas
Kellie, Baxter in Abd. Symsone was charging Kellie with wrongfully intromitting with
sheep belonging to him, and Meingzes alleged a claim for rent, in security of which the
crop sown by Kellie upon " the cruikit myris and outfaldeis of Gilcolmstone " had been
arrested. Cautioner Alexr. Thome in [illegible].

I Provost Rutherford was proprietor of Northfield at this period. — Mr. A. M. Munro's
Piovosts of Abd., p. 115.

s 137

Aberdeenshire Sheriff Court:

1608.

Septr. 8. Loosing of Arrestment. Wm. Irving of Murthill v. John Strauchane in Baires-

hill and David Baxter & Alexander Meanie in Contla v. the said John Strauchane.
Irving's arrestment was of the peats, corn, &c., cast and sown upon "the greines of
Eilstoun and Muir of Bingwall," while Baxter & Meanie alleged against Strauchane
the spoliation of their sheep. Cautioner John Carnie (not designed).

Discharge, Delivery of Title Deeds, &c. George Craufurd of Annachie in
favor of John Gordone, eldest lawful son of the late James Gordone of Barrak. Crau-
furd (First) judicially acknowledged receipt of (i) a Charter granted by the late James
Gordone of Haddo to the late Patrick Gordone in Barrak, of the lands of Eister Barrak,
dated at Kellie 10 April 1584; (2) Charter of Confirmation by John, Lord Erskein,
Earl of Mar, dated at Edinburgh 27 May 1589 ; (3) Precept of Clare Constat by John,
Earl of Mar, in favor of James Gordone, as heir to Patrick Gordone, dated at Tarnewall
25 October 1590 ; (4) Instrument of Sasine in favor of James Gordone, dated 5 January
1590-1. Notary Wm. T^-k. (Second) Craufurd discharged Gordorc of all action of evic-
tion, spuilzie, violence or other deed of wrong which he could lay to his charge and
bound himself to pay 2000 merks before he "proces" against him.

Renunciation and Discharge. Christian Eraser, wife of Wm. Irving of Beltie
and daughter of Thomas Eraser of Durris in favor of Alcxr. Irving of Drum. A com-
mission having been granted to James Burnet of Craigour and Mr. Robert Davidsone,
Notary Public, as Sheriff depute and Sheriff Clerk depute in that part respectively, it
was taken at Eister Beltie on 3 Septr., and reported of this date. The lady renounced
in favor of the laird of Drum her rights to " Hyrne and Drumchrcine, Mylne of Hryne,"
&c., in the parish of Banchory Ternan and County of Kincardine. She also renounced
a marriage contract provision of Jcoo merks and all her legal rights on her husband's
death, while she accepted in full satisfaction of these and all her claims, the liferent of
"Eister Beltie, Hill of Beltie, Mylne of Beltie, Mylne lands & Multuris thairof and
lands of Auchinsley."

10. Loosings of Arrestments. John Eraser of Clyntertie and Thomas Sma in Kyntor

rr. James Myll, sometime at Blakburne. The claim was for leaving the Croft at Blak-
burne before the term and for past due rent. Cautioner David Andersone in Mains.

14. Alexr. Eraser in Brothcrfield v. James Brabner, burgess of Abd. The crop some-

time belonging to John Orum in Rubislaw had been taken possession of by Brabner,
while Eraser claimed that it had been disponed to him. Cautioner Alcxr. Brabner,
burgess of Abd.

16. Mr. Robert Lumisden of Auchinlek v. David Fynnie, then in Altrie. Cautioner

Robert Keyth of Auldmad.

24. Margaret Mclntoshe and William Sutherland of Duffus, her husband, i<. Alexr.

Forbes of Colqueiche. It does not appear what the claim here was ; but a written
Obligation, with clause of relief dated 18 Septr., was produced by Mr. Robert
Paip, as procurator for Alexr. Forbes of Towie, the cautioner.

138

Judicial Enactments: Vol. IL, Contents

1608.

Sept. 23. Loosings of Arrestments. John Forbes of Petsligo and his tenants of Bannamone,

Keak, Carnequhyne and Cowboig and Win. Irving of Murlhell v. Alexr. Irving of
Drum and Davidsone in Corsgicht. Forbes' arrestment was against the Laird

of Drum and his tenants of Grissehill, Brownhill and Bomakellie, while William
Irving's referred to a part of Allathen. Cautioner Patrick Davidsone, burgess of Abd.

• Alexr. Alshioner in Kirktoun of Echt v. Donald Gordone in Kirktoun of Echt.
Cautioner Matthew Youngsone, burgess of Abd.

Alexr. Abircrombie of Pitmedden r. James Leslie in Buchanstoune. Cautioner
Alexr. Seingzcour, burgess of Abd.

Mr. Wm. Forbes of Mainy v. Wm. Merser in Sonnahard. Forbes claimed from
Merser certain rents and others for " twa pleuchis land of Carnculie." Cautioner
Alexr. Blakhall, mailman in Abd. [Signature cancelled].

26. The same v. the same. Apparently the same claim. Cautioner Duncan Blakhall

in Sleipiehillok.

Octr. I. Gilbert Scherar, burgess of Abd., v. George Ogilvie, flesher there. The claim was

for £20, the price of an ox said to have strayed and been "houndit" away by Ogilvie's
"doigis." Cautioner Wm. Blackball, mailman, burgess of Abd.

Alexr. Fraser of Forrest v. John Murres, Andrew Innes, and others, occupiers of
Stethlie [? Strathellie] in the parish of Relhin, and Patrick Chalmer at the Mylne of
Strechin and another, occupiers of the lands of Strechin. Corn sown "upon the South
syd of the Hill of Mormond and West newk thairof besyd lhal pairt of the samen hill
callit Slauriehill and on the West syd of the said Stauriehill." Cautioner Thomas
Burnet, burgess of Abd.

4. James, Earl of Murray, v. Wm. Cruickshank in the Seatis and Alexr. Symmer in
Lairshill. Corn sown upon the " South and West syd of the Reid burne." Caulioner
Win. Setoune of Disblair.

5. William, Jean, Agnes, Margaret and Cristiane Hay, lawful children of ihe lale
Andrew Hay in Crcmond Gorthe, v. John Meldrum at the Mylne of Sauphak. The
complaint here was that Meldrum had wrongously intromitted with the effects of Ihe
late Alexander Keyth of Carnes and Annas Keylh, his wife. Caulioner Alexr.
Meldrum in Auld Craig.

6. George Gordoune of Terpersie v. Thomas Allardes in Bruklis. Claim for renl of
the sunny half lands of Bruklis crop 1608. Cautioner Win. Barclay in Pitdoulsie.

7. The Provost, Baillies and Council of Abd. v. Gilbert Menzeis of Petfoddellis and
Robert Symsone his tenanl in Gelkquhomstoune. Corns " upon Ihe Southe syid of
the fauld callit the Theifis fauld of Gelkquhomstowne." Cautioner James Menzeis,
burgess of Abd.

139

Aberdeenshire Sheriff Court:

1608.

Octr. 8. Loosings of Arrestments. Gilbert: Wass. sometime in Cullis, v. Wm. Mylne

in Cultis. Cautioner John Carnie, burgess of Abd.

11. Mr James Forbes of Woodland v. Mr. Robert Maitland of Auchincreiff and David
Straquhan his tenant of Afflek. Corn crop growing upon Afflek, described as situated
in the parishes of Ellon and Tarves or Chrystis Kirk, shorn and unshorn. Cautioner
Peter Maitland, burgess of Abd.

12. James, Earl of Murray v. Wm. Ray in Toux. Corn crop on the South and
West side of the " Reid burne of Fintray." Cautioner James Jhonstoune of
Baudindauche.

William Forbes of Thornetowne v. Wm. Setoun of Blair. Crop sown by Setoun
and his tenants on that part of Blair " callit the Bodfeild." Cautioner Alexr. Pantoune,
Portioner of New Rane.

13. John Leslie of Wardes v. James Merstowne and Janet Forbes, widow of Wm.
Farquhar, both tenants of Auquhorsk under John Leslie of Petcapill ; also John Leslie
of Flinderis v. the same parties. The part of the lands of Auquhorsk in the parish of
"One" on which crop was arrested was called " Neddermyir [or Middermyir] and
Fauldheids." Cautioner Alexr. Farquhar in Auquhorsk.

Leslie of Wardes and Leslie of Flinderis v. Alexr. and Walter Farquhar in
Auquhorsk. In this case the Farquhars are described as occupiers of Auquhorsk under
James Mortymer of Craigiwar. The places are named as in the foregoing entry.
Cautioner James Merstowne in Auquhorsk.

22. Alexr. Cuming of Culler v. Robert Forfar in Bingzell. Peats on the lands of

Bingzell. Cautioner Patrick Forfar, burgess of Abd.

Alexr. Banerman of Wattertowne and John Innes of Elrick v. James Craigmyill in
[illegible] and Janet Ogstowne, widow of Robert Craigmyill at the Mylne of Mekill
Elrick. Cautioner John Kynneir, burgess of Abd.

Novr. IO. Wm. Lindsay in Bredfuird of Auchlevin v. John Leythe and John Davidsone in

Edingerrak. Lindsay's claim was for having been evicted from Edingenak by Leythe
and Davidsone. Cautioner John Leythe, burgess of Abd.

II. Witchcraft. The Crown?;. Agnes Chapman in Finzeis. Alexander Findlay in

Finzeis bound himself that the accused should appear on 23 Novr., to be tried for the
alleged " wiching of umquhill Cristian Fraser, sumtyme Ladie Meldrum."

Procuratory. Margaret Blakhall, only daughter and apparent heir of the late
Wm. Blakhall of that Ilk, with consent of Mr. Andrew Mortoun, Minister of Fowllis,
her husband, appointed Mr. Robert Paip, Mr. William Barclay, and Mr. John Leythe,
all Advocates in Aberdeen, to be her procurators for obtaining her served heir to her
father by either special or general service.

140

Judicial Enactments : Vol. IL, Contents

1608.

Novr. 12. Loosings of Arrestments. James Forbes of Lethintie v. Andrew Ross in

Fechill. Claim for past due rent of Fechill. Cautioner Walter Buchane in Ard-
lethin.

James, Earl of Murray, and John Gordone in Wester Fintray, v. John Wod at the
Mylne of Fintray. Peats, &c., alleged to be within the bounds of Wester Fintray.
Cautioner James Gordone of Breakay.

14. John Hay of Knappisleisk v. Robert Cuming, sometime in Knappisleisk, then at

Mylne of Wass Birness. Claim for past due rent. Cautioner Alexander Cuming,
burgess of Abd.

Renunciation and Discharge. John Gordone in Tombeig and Elspet Irving his
wife in favor of John Gordone in Inzeane. John Gordone in Inzeane, who was father
of John Gordon in Tombeig, had provided for the payment to his son and daughter-in-
law of 1000 merks at his death. This provision was now renounced and discharged,
the young people agreeing to accept whatever the elder man should either give or
leave to them.

1 6. Renunciation and Discharge. Marjorie Elphingstoune, wife of Walter Inncs

of Ardtaneis, renounced her terce of Ardtaneis, reserving her conjunct fee and life-
rent of the Mill, Croftis and others contained in the infeftment made to her husband
and her by the Laird of Wardres.

19. Loosings of Arrestments. Thomas Gordone in Mylne of Dess v. James

Davidsone in Kincardyne. Certain debts were alleged as the cause of this arrestment.
Cautioner John Gordone of Tilliquhodie.

Mr. Alexr. Cheyne in Auld Abd. v. John Mylne in Chapeltoune. Cheyne, alleging
himself to be legator of the late Dame Helenor Bruce, Lady Essilmont, claimed teind
victuall from Mylne. Cautioner Arthur Pantoune in Allathein.

22. Renunciation and Discharge. Isobell Leslie, wife of Patrick Leslie of Chepel-
toune, renounced in favor of George Leslie of that Ilk, all right or claim she might
have to any part of the " landis or leiwing" of the Barony of Leslie, and specially
eight oxengait of Auld Leslie "callit the eist pleuche " thereof. Certain reservations
were made, and a reference was introduced to a Contract between the parties signed on
previous day.

Renunciation and Discharge. Margaret [Her]vie, wife of Bartholl Leslie of
Chepeltoune, granted in favor of George Leslie a renunciation similar to the imme-
diately preceding entry ; but the special renunciation was of the lady's rights to the
Corn Mill of Leslie, &c.

141

Aberdeenshire Sheriff Court t

1608.

Dec. 1 6. Judicial Bond and Obligation to Remove. John Leslie, burgess of Abd.,
Elizabeth Leisk his wife, and Henry Sinclair1 of Auchinfranco her son, granted in
favor of John Touche, burgess of Abd., a Bond for £20, payable £10 at Martinmas
and £10 at Whitsunday following, and an obligation to remove, under penalty of
£100, from a tenement of foreland upon the West side of the Gallowgate, belonging to
Touche, which is described in the entry, at Whitsunday 1609.

17. Loosings of Arrestments. Mr. John Cheyne of Petfichie v. Thomas and
Alexander Gordone in Fechill. Claim for the rents of the " fyift part of the towne and
landis of Tanerae " in Logybuchan. Cautioner Alexr. Pantone in Cragie.

The Procurator Fiscal v. George Malice in Thomsonishill. The charge was the
stealing of four ells of cloth. Cautioner Win. Watsone in Carnie.

Gordone of Haddo v. George Dowertie in Schethyne. Claim for rent,
&c., in connection with the occupation of Ardchedlie in Tarves. Cautioner John
Middiltoune, Baxter, burgess of Abd.

28. Alexr. Forbes of Finzeis v. Alexr. Findlay in Phillaw and Alexander Findlay the

elder. Claims in connection with the occupation of Finzeis. Cautioner Mr. George
Bodie, burgess of Abel.

1609.

Jan. 16. Discharge of Legitim, &c. George Johnston, eldest son of the late Wm.

Johnstowne in Kayismylne, and Janet Keyth his wife, in favor of Gilbert Johnstowne
of Muirtowne and James Johnstowne of Baudindauche and others. The sum in con-
sideration of which this discharge was granted was 300 merks and £22 55, which was the
granter's share of a sum of 1000 merks lent on wadset on the lands of Kingudie in
Bourtie.

1 8. Loosings of Arrestments. Thomas Moir'in Lethintie v. Alexr. Paip in
Conglas. Cautioner Mr. Robert Paip, Advocate in Abd.

21. Paull Menzeis of Kynmundie v. James Ray there. Claim for rent. Cautioner

George Craigheid in Kynmundie.

Alexr. Banerman of Watertoune v. Thomas Craigmyll at the Brigend of Fywie.
Thomas Craigmyll had been intromitting with the estate of the late Robert Craigmyll
his brother, against whom Banerman had a claim in connection with the occupation of
Elrick in Deer. Cautioner John Gordone of Ardlogie.

27. John Gordone of Tilligreig, Sheriff Depute of Abd., v. Wm. Elphinstowne in
Auld Craig. Cautioner Mr. Patrick Cheyne at the Mylne of Auchry.

28. Alexr. Howet in Newhillis v. Walter Steiwin in Boigfarlie. The " allegit
spoilzeatioune of tua meiris, ane thairof blak and ane other gray." Cautioner Patrick
Donaldsone, burgess of Abd.

i For the general service of Sinclair, vide p. 38 supra.
142

Judicial Enactments : Vol. IL, Contents

1609.

Febry. 15. Loosings of Arrestments. The Provost and Baillies of Abd. v. Gilbert

Menzeis of Petfoddells and Robert Symsone his tenant in Gelkquhomstowne. The
Provost and Baillies had arrested the "faill" which Menzeis and Symsone had
" cassin upone the Wast end of the Cardowne fauld of Gelkquhomstowne." Cautioner
James Menzeis, burgess of Abd.

17. Robert Bowman in Strauthdoune z1. Wm. Stewin in Ord, Auchindoir. Claim for

Bowman's wife's "bairns pairt of geir." Cautioner Mr. Ilendric Ross, persoune of
Ryne and Essie.

24. Andrew Stewin, burgess of Abd., v. Alexander Craigheid in Abd. Ten bolls of

malt arrested in the hands of Wm. Blakhall, maltman. Cautioner James Craigheid,
Indweller in Abd.

Mch. 13. Elspet Fraser in v. Wm. Abirnethic in Knokleythe. A money claim.

The precept for arrestment was issued by Mr. John Home, Baillie of the Barony of
Frendraucht. Cautioner Alexr. Cruikschank, burgess of Abd.

31. John Seytoune of Meldrum v. George Crichtoune of Tillikerrie. Arrestment

used to secure the rents of Cattie. Cautioner George Leslie of Crechie.

April 4. Revocation of Deeds granted in Minority. David Forbes of Puttachie,
stating himself to be under 21 years of age, revoked generally all writings granted
by him to his disadvantage, and specially an obligation, whereby he had become
cautioner to John Gordone of Crabistoune on behalf of John Forbes of Tillikerrie.

7. Loosing of Arrestment. George Gordone, elder, and George Gordone, younger

of Terpersie, v. Duncan Cowtis in Myln of Cowlie. Special arrestment of corn, &c.,
at Mill of Keig. The Gordons had a claim for " comptis and rakiningis " with Cowtis.
Cautioner John Mylne, Tailzeour in Abd.

15. Renunciation, Ratification and Obligation. Agnes Gordoune, widow of Alexr.
Banerman of Wattertoune, and Alexander Banerman of Wattertoune were the grantors
in the following circumstances : — The deceased laird of Wattertoune had obliged
himself to convey in certain proportions to Arthur Seytoune in Abd. and Helen
Abirnethie his wife, George Seytoune of Schethin, George Seytoune at the Mylne of
Saphak, and Bessie [?] Lowson his wife, and Alexr. Seytoune in Cheppelltoune of
Essilmont, certain roods, &c., boat and white fishing in the Burgh of Newburgh, and
also the East side of the town and lands of Bomakessie in Ellon. The widow had
doubtless certain claims on these, so that before the transaction was carried out it was
necessary to obtain this renunciation and ratification. On the other hand, Alexr.
Banerman bound himself to provide to her the liferent of the Mains of Wattertoune.

22. Loosings of Arrestments. Thomas Gordone in Abd. v. Thomas Tailzeour in

Abd. Cautioner Gilbert Davidsone, Tailzeour, burgess of Abd.

May 3. Mr. Wm. Barclay, Procurator Fiscal, and Mr. Richard Irving of Hilloune T. James

Brabner, burgess of Abd. Cautioner Mr. Patrick Cheync, burgess of Abd.

'43

Aberdeenshire Sheriff Court :

1609.

May 10. Loosings of Arrestments. Isobell Symsone in Badiforay and John Robertsone,

Notary Public in Clunie, v. Andrew Lasone in Kirktoune of Touche. The female
pursuer was sister and apparent heir and successor to the late Patrick Symsone,
with whose effects Lasone had been intromitting. Cautioner Wm. Gardyne, Skynner,
burgess of Abd.

13. Annas Fraser, lawful daughter of the late Alexr. Fraser of Mekill Creichie, and

Robert Keylhe of Auldmad, Mr. Andrew Keythe, Persoune of Kineduard, and John
Hay, burgess of Abd., her curators, v. Margaret Innes, widow of John Fraser of
Creichie. The claim by Annas Fraser was for bairns' part of gear arising on her
father's death. Cautioner John Keythe in Auchtilair.

16. Arthur Forbes of [?] Badiforay v. Alexr. Forbes in Brumhill. Cautioner Wm.

Touch in Arsballache.

17- Dame Girsell Stewart and W. Seytoune of Meldrum her husband v. James

Gordoune, Younger of Lesmoir, and his tenants and servants in Carvethinis. Peats
cast by Gordoune and his people " within the Moss of Carvethinis and Gerreis," in the
parish of Drumblait. Cautioner Alexr. Jaffray, Baillie, burgess of Abd.

19. Judicial Obligation. James Craigheid and Alexander Craigheid his son in favor
of Robert Irving, second lawful son of Mr. Richard Irving of Ililtoune, Sheriff Depute
of Abd. The amount acknowledged was 100 merks, being the value of certain farm [or
rent] beir which was due to Irving by the Craigheids. The presiding judge was Mr.
Richard Irving, the father of the creditor. The real debtor was Alexander Craigheid.

20. Loosing- of Arrestment. Gilbert Bard of Auchmedden v. John Cruikschank in
Glencuthill and Wm. Cruikschank his son. Claim for rents of Glencuthill, which was
said to be situated in the Barony of Glendowachie. Cautioner Wm. Keir in Auch-
reinie, whom John Keyth of Northfeild, submitting himself to the jurisdiction of the
Sheriff of Abd., bound himself to relieve.

27. Assault — Blood-drawing. The Sheriff v. George Wood in Glasco. The

charge was of "hurting, vending, and bluid - drawing of Wa. Elmslie, George
Elmslie his sone, and Wa. Elmslie in Thainstoune, and hurting of the said Wa.
Elmslie's wyif, and also hurting of Duncane Elmslie's wyif, quhairby scho pairtit with
bairne." Cautioner Wm. Forbes in Auchequhorsk.

30. Assault — Blood-drawing. The Crown and Sheriff v. Duncan Elmslie in
Rachehill. The charge against Elmslie was of the "crewell and unmerciful hurting,
vonding, and bluid-drawing of Wa. Chessour in Gasco [Glasco] upon the Sabothe day,
quhairbe he is apperandlie to depairt this present lyif." Cautioner Ilendrie Robert-
sone, Cordoner, burgess of Abd.

31. Assault — Blood-drawing. The Crown and Sheriff v. James Chessour in Ley-
ludge. James Chessour was charged with the "hurting, vonding, and bluid drawing
of Wa. Elmslie in Thainstoune, Wa. and George Elmsleis in Wretoune, upon the
Sabothe day, quhairbe they ar appeirandlie to depairt this present lyif, and for
distructione of ane bairne quhilk Duncane Elmslie's wyif is pairtit with." Cautioner
Walter Cheyne in Tillibin.

144

Judicial Enactments : Vol. IL, Contents

1609.

June 2. Assault — Blood-drawing. The Crown and Sheriff v. James Chessour in

Glascoforrest. The charge here was of assaulting the three Elmslies mentioned in the
preceding Act. Cautioner John Keyth in Tertowie.

3. Loosings of Arrestments. George Meldrum of New Mylne v. Wm. Jamesone at

the New Mylne of Auchterles. Rents of New Mylne claimed. Cautioner Arthur
Chalmer, Indweller in Abd.

Wm. Leask of that Ilk v. John Davidsone in Belscampie. Arrears of rent of
Belscampie claimed. Caulioner David Davidsone in Crowden.

Wm. Straquhin, Elder of Glenkyndie, v. Gilbert and John Robertsone at the
Mylne of Auchnagat. Arrears of rent claimed. Cautioner John Erskyne of Bal-
hagertie.

Discharge of Wadset. James Forbes, sometime in Auchquheirthin, then in
Milneboy, in favor of Mr. Robert Gordoune and Katherein Irving his wife, and James
Forbes of Lethintie. A plough of the Middle third of the lands of Fechill had been
alienated by James Forbes of Lethintie and Fechill, with power of redemption on pay-
ment of 600 merks. To the right of redemption Lethintie had constituted Gordoune
and his wife assignees, so that on payment by them the debt was discharged.

Loosings of Arrestments. John Leyth of Harthill v. Wm. and Robert Abir-
crombie in Kenells and Alexr. Abircrombie of Birkenboig. Peats, £c., in the moss
" callit the Coikmoss lyand within the parochin of Rane." Cautioner Hector
Abircrombie of Wasthall.

Mr. John Ross, Minister at Clunie v. James Forbes in Rannallache. There was
specially arrested a sum of ^100 in the hands of John Kar at the Milne of Clunie.
Cautioner Arthur Garzeauch in Carnecowlie.

5. Assault — Blood-drawing. The Crown and Sheriff v. Wm. and George Elmslie
in Wretoune. The charge was in terms similar to those recorded a few days earlier, the
injured men being Wm. Chessour in Glasco and John Gray in Auquhrinnc. Cautioner
James Andersone, Litster, burgess of Abd.

6. Loosings of Arrestments. Lilias Craufuird, widow of Robert Lines of Elrick,
and Alexr. Banerman of Wattertoune v. Alexr., Wm., and James Pettindreiche in
Quythill and Loskedlie. Both pursuers were arresting independently for rents.
Cautioners David Craik in Burnegrains and Richard Symsonc in Dilspro.

7. Patrick Leslie of Kincraggie and George Leslie apparent thereof v. Andrew
Straquhin in Tilliemair. Claim for rent. Cautioner Micheall Youngsone, Saddler,
burgess of Abd., whom John Forbes of Tillekeirie bound himself to relieve.

Mr John Lumisden at the Brig of Done v. Thomas Watsone in Murcar. Claim
for alleged wrongous intromission with a ewe. Cautioner Alexr. Gordoune in
Kethokismylne.

Aberdeenshire Sheriff Court :

1609.

June 7. Loosings of Arrestments. Alcxr. Leslie, son of the late Alexr. Leslie in

Raithes, v. Robert Merser in Auld Abd., and Agnes Hervie his wife. A money
claim. Cautioner Henry Mow tray in Wastfeild. Mr. Arthur Watt, Advocate in
Aberdeen, joined in Merser's obligation to relieve the cautioner.

8. John Vilsone in Chrystis Kirk v. George Layng, burgess of Abd. A money

claim of £4. Cautioner John Leslie of Lergie.

10. John Kellie in Teiltie [Tavelty] v. James Cruvis in Auquhorsk. The alleged

spuilzie of " ane broune hornit kow." Cautioner George Tailzeour in Auquhorsk.

Renunciation and Discharge. Isobell Leask, wife of Adam Gordoune, the
brother german of the " Richt Honorabill" George Gordoune of Gicht, renounced
lor a consideration of 2500 merks all her right to the " tua pairt landis of Mains of
Leask," £c., in favor of William Leask of that Ilk, and her husband consented.

13. Removing. Walter Cheyne of Arnage and Wm. Cheyne in Essilmont v.
Gilbert Watsone in Lammermure in the Barony of Arnage. Watsone consented to
remove.

14. Loosings of Arrestments. Alexr. Abircrombie of Birkinboig, Wm. Abir-
crombie in Kemmells, and Robert Abircrombie at the Mylne of Pettmedden v. John
Leyth of Harthill and his tenants of Lowess, Bonitoune and Kirktoune. Peats, &c.,
in the moss "callit the Coikmoss and Moss of Kirktoune of Rane." Cautioner George
Leyth in Kirktoune of Une [Oyne].

21. Andrew Keyth of Karnetradlen v. Thomas Fraser of Lytill Kinnadie and his

tenants. Peats, &c. Cautioner James Keyth of Kinnadie.

30. Wm. Gordone of Abirzeldie v. Nicholl Inchemedden in Medler, James Broune

there, William McKic there, Robert Jaffray there, and Isobell Hunter there. Peats,
&c., cast upon the West part of the " Hill of Fair" as part and pertinent of Wm.
Gordone's lands of Ballogie in the parish \sic\ of Ballogie. Cautioner Thomas Burnet
of Craigmyll.

July I. Renunciation. Isobell Lumisden, wife of Patrick Forbes of Drumlasie, renounced

in favor of Arthur, Lord Forbes and James Forbes his natural brother the town and
lands of " Waster Tolmaids," in the Barony of Cluny and parish of Kincardin.

6. Revocation by a Married Woman. Katherine Hay, wife of John Donaldson,
burgess of Abd., on the narrative that her husband had compelled her to give her
consent to a certain contract, and on the ground that a clause had been surreptitiously
added after the clause of registration and insertion of the names of witnesses, now
revoked her consent. A number of persons are mentioned in the entry, and the
' ' New Colledge of Elgyne " is referred to.

7. Manslaughter. The Crown and Sheriff v, Thomas Adame in Auchinquhirie.
The accused was charged with the slaughter of John Chrystie, minor in Tilliboy.

146

Judicial Enactments: Vol. IL, Contents

1609.

July 8. Loosings of Arrestments. James, Earl of Murray, Lord Doun, &c., v. John

Wod of ihe Millon of Fintray and others. Peats, &c., cast in "the Commounlie and
out bounds of the lands and townes of Easter and Wester Fintrayis." Cautioner
James Gordone of Brakay.

14. John Irving of Petmurchie v. Nicoll Ross of Auchlossin and his tenants. Peats,
&c., said to have been cast within the bounds of Petmurchie. Cautioner John
Farquharsone of Cloak.

15. John Leslie of Petcapill v. Wm. Forbes, Fiar of Bairnes. Peats, &c., upon any
part of the lands of Thorntoun. Cautioner Wm. Forbes, burgess of Abd.

Deforcement and Assault. Alex. Andersone, Sheriff Officer, and James Bonar
v. John Jamesone in Drumallachie. Bonar, who was apparently Anderson's assistant,
was assaulted and Anderson deforced. Cautioners James Tosheauche in Drumallachie
and Archibald Reid in Elphehillok.

15. Loosings of Arrestments. Robert Forbes of Brux v. Thomas Bonar in Macher's
hauche. Peats, £c., on the West side of Macher's hauche. Cautioner John Gordoune
in Geauche.

1 8. Wm. Chalmer in Petmedden and Wm. Thome in Boiginwis v. David Galloway in
Standingsteanis. Cautioner John Lumsden, Baxter, burgess of Abd.

19. Discharge of Wadset. Thomas Spens, second son of Thomas Spens, then in
Bruntsteane, granted in favor of James Gordoune, younger of Lesmoir, a discharge for
the sum of 4800 merks, and released the Lands of Peireismylne, £c., in Drumblade.

Loosings of Arrestments. Paull Menzeis of Kinmundie v. John Leithe of
Engerek [Edingarrak], Adam Gordoun of Boigholl, and Agnes Keythe his wife. Leithe
was proprietor of the North half of Boigholl, and Gordoun and his wife of the South
half. The corns and peats sown and cast by them and their tenants upon part of the
Hill of Drumnagair, which Menzeis claimed, and which is very fully described in the
entry, had been arrested. Cautioner George Lang, burgess of Abd.

22. Alexr. Gordoun of Lytill Gowill v. Wm. Forbes of Logiefintray. Peats, &c.,

upon the ground and moss of Suaillend. Cautioner Mr. George Hervie of Kinermeit.

26. Charles Chalmer in Waster Fintray v. Robeit Chalmer in Waster Fintray.
Peats, &c., upon the Hill of Saphak. Cautioner Mr. Wm. Ray, burgess of Abd.

John Leithe of Edingarrak, Agnes Keythe, liferenter of the South half of Boig-
holl, and Adam Gordoun her husband v. Paull Menzeis of Kynmundie. This was
evidently a cross arrestment to the one referred to in the entry of 19 July. Cautioner
James Menzeis, burgess of Abd.

27. John Bruce at the Meikill Mylne of Esselmont z/. Patrick Ligertwood in Bourhills,
Thomas Cattow there, and John Thomson in Ulaw. Money claims. Cautioner Wm.
Mowtray, occupier of eight oxengait of Parvinnes.

Aberdeenshire Sheriff Court :

1609.

Augt. 5. Loosings of Arrestments. Wm. Chalmer in Auchquhortie and John Chalmer

his son v. Alexr. Chalmer in Fredclahill. Cautioner George Gnrdoun in Boginjohne.

9. Alexr. Richie in Braka v. Michael Strathe in Abirdour. Cautioner John Tailzeour

in Abirdour.

12. John Kar in Clunie v. John Watsone in Wairdheid. A claim for 25 merks of dot

and tocher promised to Kar by Watsone, with his sister Margaret Watsone. Cautioner
Wm. Watsone in Auchinclaithe.

Wm. Michell at the Kirk of Tyrie v. Edward Michell in Tyrie. A claim for three
bolls of bere. Cautioner Robert Perk in Rothnachie.

15- George Jhonsloune, burgess of Abd., v. Mr. Richard Irving, burgess of Abd. The

arrestment was laid on rive barrells of salmon due to Irving by Gilbert Dowie as rent.
The fish were said to have been taken by Dowie from Irving's "half netis salmond
fisching in the Kingis Keawill of the Water of Done." The fish were also said " to
be markit on the said Mr. Richard his merk as his maill fische." Cautioner Thomas
Donaldsone, burgess of Abd.

16. Wm. Thome and Agnes Jaffray his wife v. Hector Abircrombie of Wasthall and

his tenants. Thome and his wife agreed that, notwithstanding an arrestment used by
them in Abircrombie's hands against Wm. Leith, burgess of Abd., the victuall arrested
might be delivered.

19. James Reid in Camphell v. J'lhn Auld in Balvak and John Wilsone there.
Cautioner James Clark alias Roye in Cluny.

21. Alexr. Cuming of Cultar v. Robert Forfar in Binghill. Corn sown " be northe

and be wast the Den of Murthill," alleged to be within the bounds of Bainshill, belong-
ing to the laird of Culter. Cautioner James Cowpar, burgess of Abd.

26. Alexr. Irving of Drum v. Alexr. Cuming of Cultar and his tenants of Hollmill.

Corn sown " on the east syde of the Burne of Leuchar and northe syde of ane croft
callit Tailzeours croft, occupeit be Williame Donald on the southe syde of the stryipe
callit the Keill stryipe of the Hollmill." Cautioner John Gordone, lawful son of
George Gordone of Terspersie.

24. Thomas Spence in Bruntstane v. Thomas Spence in Dummuis. Cautioner James

Andersone in Dunbenan.

Sept. 2. Robert, Gilbert, Margaret, Marjorie, James and Janet Smyth, children and

executors of Wm. Smyth in Artrochie v. Wm. Buchane in Meikill Artrochie.
Cautioner John Vilguis in Artrochie.

4. Alexr. Cuming of Cowter v. Alexr. Irving of Drum and his tenants of Craigtoune.

Corn, &c., sown " be northe or be eist the Gallic boge " or " uponne the eist syde of
the Burne of Leucher." Cautioner Mr. Gilbert Ross, burgess of Abd.

6. James Gordone, Fiar of Newtoune, v. Alexr. Reid, sometime in Knokinbard,

then in Lencheoch. Cautioner Robert Forbes in Auldtoune of Wardes.

148

Judicial Enactments: Vol. IL, Contents

1609.

Sept. 6. Tutory. Alexr. and Adam Jaffray, children of the late Adam Jaffray in Cortheis.

Micheall Jaffiay in Cortheis, who had been appointed tutor by letters under the great
seal, dated 17 June preceding, accepted office, took the oath defideli, and found Alexr.
Jaffray, burgess of Abd., as Cautioner.

14. Loosings of Arrestments. James Gordoune, apparent of Lesmoir,

Gordoune his son and apparent heir, and Alexr. Gordoune of Lesmoir his father, v.
Thomas Gordoune in Artlache. Corn, &c., upon the lands of Tilliminet. Cautioner
John Gordowne of Badinzone.

James, Earl of Murray, v. Wm. Setoune of Disblair, Alexr. and Wm. Symmer in
Lairshill, and Wm. Cruikschank in Seittis. Corn, &c., upon the West and South of
the " Reid burne." Cautioner John Meldrum of Ordley.

Wm. Forbes of Corsinday v. Wm. Forbes of Petflug and his tenants. Corn, &c.,
sown " within the Strathe of Meikill Endovie." Cautioner Arthur, Lord Forbes.

18. Assythment Mr. Alexr. Irving, Advocate in Abd., v. Thomas Fraser of Doiris.

By this act Alexr. Burnet, burgess of Abd., became cautioner for the laird of Durris

that he should pay to Irving 1000 merks as assythment for the slaughter of Thomas

- Burnet of Cokardie by his sons Thomas and Mr. Patrick Fraser. Irving was stated to

be nearest kinsman of the deceased on the mother's side.

20. Loosings of Arrestments. John Feichie, servitor to the guidmane of Carnbady v.

Robert Perk, indweller in Abd. " Tvva blak quyeks " had been arrested. Cautioner
Andrew Ewin, burgess of Abd.

Alex. Gordoune of Suaillend v. James Donald in Monycabak. Peats, &c.
Cautioner Patrick Butter of Elrick.

William, Lord Keyth, Master of Merschell v. Alexr. Davidsone in Perk of
Cremound and Robert Nicoll there. Corn, peats, &c., within the bounds of the town
and lands of [?] Saterhills.

23. John Forbes of Echt v. John Reid in Bolquharne. What was sought was that

Reid should remain in and manure his " tak " and pay his rent. Cautioner James
Auchinhuiff, burgess of Abd.

John Leithe, Apparent of Harthill, v. Adam Leithe in Mylnebiging. A money
claim. Cautioner John Leithe of Harthill.

24. James Gordoune, Fiar of Newtoune, v. George Leithe in Mellingsyde and Thomas

Merschell. Crop on Mellingsyde in security of multures. Cautioner Wm. Setoune of
Disblair.

Nicoll Ross of Auchlossin v. Robert Carneigie of Waster Kingcardine and John
Cowtis at the Mylne thereof. " Faill cassin upone the east syde of Nather Loche of
Auchlossin." Cautioner John Gordoune of Tillquhowdie.

149

Aberdeenshire Sheriff Court 1

1609.

Sept. 26. Loosings of Arrestments. James, Earl of Murray, v. Wm. Forbes of Logie-

fintray and his tenants. Corn growing upon the Reid burne and Wodheid.
Cautioner Gilbert Johnestoune of Ouirtoune.

27. Wm. Irving of Murthill v. Alexr. Cuming of Cowter and John Strauchine in
Baneshill. Peats, &c., upon the " wast, northe wast and northe pairties of Binghill
and Neilstoune." Cautioner Wm. Irving of Hollmylne.

28. James, Earl of Murray, v. Henry Smart in New Place of Balbithen. Corn sown
in the Moss of Waster P'inlray " callit the Moss of Saphak." Cautioner George Keyth,
Saddler, burgess of Abd.

28. John Arskine of Pettodrie v. Wm. Strauchin of Glenkindey, Alexr. Strauchine of
Touxhill, and Alexr. Strauchine, Fiar of Glenkindey, and tenants. Corn sown on
[?] Bannagait or upon the " bak moss of Auchnagat." Cautioner Alexr. Gairdyne of
Banchrie.

29. Alexr. Bowar v. Wm. Smith in Brounhill of Baquhollie. Corn standing on the
lands of Jaxtoun. Cautioner Gilbert Andersone in Culcox of Schewes.

30. Alexr. Gordoune, lawful sone of the late John Gordoune in Fuliament, v. John
Gordoune, younger of Auchindoir. It would appear that the late Wm. Gordoune of
Auchindoir, as tutor to Alexr. Gordoune, had arrested in the hands of John Gordoune
60 merks due to his pupil. The young man being now of age, agreed to the loosing of
the arrestment, reserving his claim for the money against John Gordoune, now designed
as of Craig.

Assault — Blood-drawing. David Wilsone in Culcax v. George Greif in Auchin-
creiff. Cautioner James Greif in Tiftie.

Octr. 2. Loosings of Arrestments. Alexr. Hay of Brunthill v. Wm. Hay, apparent of

Brunthill. Cautioner Wm. Leisk of that Ilk.

James, Earl of Murray, v. Wm. Ray and other tenants of Middiltoune of
Disblair. Middiltoune belonged to John Johnestoune of that Ilk, and the entry
discloses still another dispute about ground adjacent to the Reid burne. Cautioner
James Johnestoune, younger of Isakstoune.

3. Thomas Dempster of Auchterless and James Dempster, Fiar thereof, v. Gilbert

Mair in [?] Stures of Auchterless. Cautioner Wm. Leithe, burgess of Abd.

Wm. Skeine, burgess of Abd., v. Elizabeth Leslie and Thomas Cuming, burgess
of Abd., for his interest. The arrestment here included rents in the Burgh of Abd.
Cautioner John Forbes of Waster Edit.

James, Earl of Murray, v. Henry Smert in New Place of Balbithane. Corn, &c.,
sown on that part of New [? Place] Balbithane " callit Makeis Medowis and Suell of
Finok." Cautioner Arthur Chalmer, indweller in Abd., son of the late John Chalmer
of Balbithane.

Judicial Enactments: Vol. EL, Contents

1609.

Octr. 4. Loosings of Arrestments. Wm. Straquhin of Glenkyndie and Alexr. Straquhin,

Fiar thereof, v. John Erskyne of Balhagertie. Corn sown " betuixt the Guiss burneand
the Walden burne quhill they cum to the burne of Banagoak," or on any other part of
Auchnagat. Cautioner Wm. Forbes, elder, burgess of Abd.

7. Wm. Gordoune of Saphak and Adam Gordoune of Boigholl his tutor v. James

Innes in Annachie. The claim was for the rents of Chappeltoune of Scheiwes belonging
to the pupil. Cautioners George Craufuird of Annachie and Patrick Cruikschank in
Arcliffrie.

9. Mr. John Leithe, Commissary Substitute of Abd., and Ursula Cheine his mother
v. John Leithe in Liklieheid. Rents. Cautioner Robert Skeine of Tilliebirlache,
brother in law of the arrestee.

Wm. Smythe in Brounehill v. Alexr. Bower in Jakistoune. The claim here was
for intrusion into Jakistoune, after renunciation had been made, and for violent profits.
Cautioner Robert Smythe in Jakistoune of Bolquholie.

10. Thomas Clerk, Fiddler in Newtoune of Premnay, v. Thomas Leslie, John Ander-
sone, John Wilsone and James Petirie, all in Chrystis Kirk. Claim for 100 marks.
Cautioner Wm. Senzeour, burgess of Abd.

11. Assault — Blood-drawing. Alexr. Craigie and Katherine Traill his wife v.
Alexr. Gallaway in Murthill. A charge of the " bluid-drawing " of the female
pursuer. Cautioner Alexr. Kempt, burgess of Abd.

12. Manslaughter. The Crown and Sheriff v. Andrew Myntie in Waster Corss.
The charge was "the slauchter of umquhill Wa. Mathie in Waster Corss."
Patrick Forbes of Corss was cautioner for Myntie's appearance.

13. Loosings of Arrestments. Mr. James Forbes of Knappernay v. Alexr.
Chalmer at the Mylne of Keawill. Cautioner Wm. Symmer at Mylne of Keawill.

Stephen Johnestoune in Elgan v. Elizabeth Leslie and Thomas Cuming her
husband. Johnestoune, who was donator to the escheat of Wm. Skeyne, burgess of
Abd., had arrested the rents due to Elizabeth Leslie as conjunct fiar of houses in
Abd., and also the rents due to her husband. Cautioner John Forbes of Waster Echt.

1 6. Assault — Lawborrows. Robert Fiddes in Futtie, Margaret Still his wife, and
Martin Fiddes their son v. Alexr. Fiddes and Helen Nicolsone, his wife. The charge
was for "dinging, striking, hurting and oppressing." The penalty in case of breach
of lawborrows was ^100. Cautioner Robert Paterson, Armorar, burgess ol Abd.

28. Loosing of Arrestment. Wm. Reid in Petblae v. Thomas Crystie in Con-

craiges of Ardglassie. Cautioner Mr. Andrew Bedy, Skulmaister in Fraserburgh.

Manslaughter. The Crown v. Mr Patrick Cheine, burgess of Abd. The
charge was of the slaughter of Walter Mowat in Colpe. Caution 300 merks. Mr. John
Cheine of Petfeichie was cautioner for accused's appearance.

Aberdeenshire Sheriff Court :

1609.

Octr. 31. 'Loosings of Arrestments. James Forbes of Lethintie v. Robert Moir at the

Walkmylne of Bourtie. Cautioner Arthur Chalmer, son of the late John Chalmer of
Balbithane.

Novr. I. Patrick Thomesone in Nether Ardlethin z>. Robert Mackie in Nether Ardlethin.

Cautioner David Meluill, servitor to Wm. Forbes of Tolquhon.

3. Thomas Leslie in Chrystis Kirk v. Thomas Clerk in Newtoune. Cautioner George

Gordoune, son of Wm. Gordoune of Tillieangous.

10. Patrick Leslie of Kincragie and George Leslie, Fiar thereof v. Alexr. Andersone in
Meikill Endowie. Cautioner John Abircrombie in Meikill Endowie.

13. James Murray in Cranloche v. John Geills in Auchintinder. Cautioner John Leslie
of Lergie.

14. Renunciation and Discharge. John Leslie, apparent of New Leslie in favor of
Andrew Leslie c,f New Leslie, his father. This was a Renunciation by the son in favor
of the father of that part of a contract between them dated at Abd. 17 January 1605,
whereby the father was bound to infeft the son in the lands of (i) New Leslie, &c. in
the Barony of Leslie ; (2) Kirktoune of Chrystis Kirk and Tempill lands thereof in the
parish of Kennethmont and Chrystis Kirk ; (3) Ederlick &c. in the parish of Premnay ;
and (4) Inche in the parish of Inche. The rights of Janet Leslie, wife of Andrew and
mother of John Leslie, under the contract were reserved, and John's right to twelve
bolls of victual out the lands of Inche was not to be prejudiced.

Loosings of Arrestments. Wm. Gray in Cowburtie and John Andersone in
[?] Satlingraw r. Alexr. Smyth in Tyrie. Cautioner Jaspert Mowat in Cremondgorthe.

Bessie Leslie, daughter of the late Walter Leslie, "Reider" v. Wm. Irving in
[?] Hagis and Elspet Crechtoune, his wife. Cautioner Wm. Dempster in Knokleyth.

15. Assault — Blood-drawing. John Birnie in Aucheireis and Jean Murray, his wife
z>. Andrew and Magnus Craik in Aucheireis. Cautioner Alexr. Fraser, portioner of
Mensie.

17. Loosing of Arrestment. James Forbes of Lethintie v. Andrew Ross in Fechell.

Cautioners Andrew Barcar, Baxter, burgess of Abd. and Gilbert Keythe at "the Portis
of Cowie." The latter renounced his own jurisdiction [Kincardineshire] and submitted
himself to the jurisdiction of the Shcriffdom of Abd.

21. Lawborrows. Alexr. Buchane of Auchmacoy and Wm. Buchane, his brother v.

Mr. John Kennedy, Tutor of Carmuk. Caution 500 merks. Cautioner Alexander
Kennedy, portioner of Asleid, brother of Mr. John Kennedy.

Loosing of Arrestment. John \Villiamsone, burgess of Abd. v. Walter,
Patrick, Elspet, Marjorie and Agnes, children of the late Wm. Banerman of Asleid.
200 merks arrested in the hands of George Currour of Inchedrour. Cautioner James
Andersone, Litster, burgess of Abd.

Judicial Enactments: Vol. ILt Contents

1609.

Novr. 21. Loosings of Arrestments. Margaret Thorntowne, widow of Magnus Duff,

burgess of Abd. v. The same. The same sum arrested. The same cautioner.

Patrick Farfar, burgess of Abd. v. The same. The same sum arrested and the
same cautioner.

22. Clerk, widow of Wm. Fleger in Wastertoune v. the Representatives of

the late Alexr. Duff of Torisoull. Cautioner Robert Keyth, burgess of Abd., whom
Adam Duff, son of the deceased, bound himself to relieve.

29. Alexr. Skeyne of that Ilk v. Robert Skeyne of Tillibirlauche. The claim was for

the rents of Tillibirlauche for 1600. Cautioner Andrew Jamesone, Messone, burgess
of Abd.

Dec. I. Francis, Earl of Erroll v. Wm. Hay, apparent of Brunthill. The subjects arrested

were 9 stacks of oats and 3 of bear belonging to Hay standing in the courtyard of
Aucharnie [Auquharney]. Cautioner Walter Ord, servitor to " George Erll Merschell."

Assault — Blood-drawing'. The Crown v. Alexr. Wat at the Corn Myloe of
Mensie. Edward Fraser in Ardmakhorne was the person assaulted. Cautioner George
Mill at the Mylne of Forrest.

2. Revocation of Deeds Granted in Minority. Alexr. Skeyne of that Ilk, on
the statement that he was now within the age of 21 years and entitled to revoke deeds
done to his hurt, in addition to a general revocation, here specially revoked a liferent
lease of Tillibirlauche granted by him with consent of his curators to Robert Skeyne
his father's brother. \Supra 29 Novr.].

12. Loosings of Arrestments. Gilbert Keyth of Aueheireis v. Alexr. Craik in

Newtoun of Aueheireis. Cautioner Alexr. Fraser, Portioner of Mensie.

19. Mr. Richard Irving of Hiltoune v. Andrew Wcntoune in Auld Abd. Claim for

spuilzie of six sheep. Cautioner Mr. Robert Gardyne of Blairtoun.

30. John Lyoune of Middiltoune v. Janet Farquhar widow of Wm. Watt in Middiltoune.

Cautioner James Mortimer, Fiar of Cragyver, for whom Mr. Arthur Watt as procurator
produced a cautionary obligation dated the previous day. The entry was signed by
Mr. Watt as procurator.

1610.

Jany. 3. Mr. James Cargile, Doctor of Medicyne, r. Marjorie King sister german and

Executrix of Thomas King, Burgess of Abd. and Wm. Chalmer her husband.
Cautioners Alexr. Chalmer, Burgess of Abd. and John Roche, Minister there.

10. Alexr. Buchane of Auchmacoy v. John Auchinhuiff in Cothill of Collistoune.

Claim for rent. Cautioner Andrew Reid of Collistoune.

U 153

Aberdeenshire Sheriff Court :

1 6 10.

Jany. 10. Revocation of Deeds Granted in Minority. Patrick Forbes, apparent of

Lethintie. This was a general revocation of deeds granted in minority and specially
of an obligation to pay a tocher of 2000 merks with his sister Jane Forbes, who was
married to James Gerauche of Kinstair.

12. Assault— Blood-drawing. Edward Mitschell in Tyrie v. Thomas Chrystisone

in Eister Tyrie. Cautioner Thomas Cowie, Elder, Burgess of Abd.

17. Loosings of Arrestments. Alexr. Cardno at the Kirk of Phillorthe v. James
Dilgarnocht in Rethin. Claim for the alleged spuilzie and detention of a three year old
brown horse. Cautioner Alexander Craufourd, Portioner of Rethin.

Andrew Reid of Collcstoun v. Alexr. Buchane of Auchmacoy. Claim for the
allegit spuilzie of " certane lyme." Cautioner Wm. Buchane, Burgess of Abd.

18. John Scherar in Dubistoun r. Thomas Leslie in Chrystiskirk. A claim for/i6
as the price of 20 lambs sold. Cautioner Wm. Sengzeour, Burgess of Abd.

20. Examination of Havers. Provost Alexr. Rutherfurde and Mr. Thomas Menzeis,

sometime Baillic and a Burgess of Abd. These gentlemen were summoned in a Court
of Session action to produce any writ in their possession defining the boundaries of the
Baronies of Findon and Torry. It was agreed by Wm. Forbes of Monymusk and Wm.
Forbes of Portlcthin, apparent of Monymusk, who were evidently parties to the action,
that the depositions should be taken before the Sheriff Depute in Abd. which was done.
They both deponed that they neither possessed nor had any knowledge of such an
" euident."

Loosings of Arrestments. John Erskein of Balhagertie v. Gilbert Cassie in
Bannagoak. A claim for 20 bolls victual as rent for the lands of Barrak, crop 1609.
Cautioner James Baird in Fetterletter.

23. John Johnestoune of that Ilk v. George Johnestoune, burgess of Abd. This dispute
arose out of the claim made by Helen Arbuthnot, wife of John Gordon of Tilligreig, for
the conjunct fee of the third part lands of Middle Disblair, for warranty of John Johne-
stoune's title to which she held George Johnestoune liable. Infra 9 July 1617,
Decree Books Vol. II. Cautioner James Lyell of Brinaleidie [or Bomaleidie], who pro-
rogated the jurisdiction of the Sheriff of AM.

24. Discharge of a Decree. Margaret Annand, widow of Robert Woid of Auchin-
darge, in favor of Arthur Johnestoune in Auchindarge and Thomas Greig at the Mylne
of Fiddes. This was a Discharge of a Decree of Eviction and Spuilzie obtained in the
Sheriff Court. Two notaries signed the entry for the lady who could not write.

Reset of Theft. Mr. Wm. Barclay, Procurator Fiscal v. George Johnestoun,
burgess of Abd. The charge was for "melling & recepting of Metie Boig1 with ane
fang of the sowme of Five hundreth merks stowin monie and for recept of the said thif-
teous bute." Cautioner Robert Tohnestoun of Cremound.

I For another incident in this woman's history vide p. 15 supra.
'54

Judicial Enactments: Vol. EL, Contents

1610.

Jany. 27. Loosings of Arrestments. Alex. Buchane of Auchmacoy v. Andrew Reid of

Collestoune. A claim for rents of Cotthill of Collestoune. Cautioner Mr. Wm. Reid,
burgess of Abd.

31. Alexr. Cruikschank in Ellone v, John Stewin in Coilhill. Cautioner Mr. Alexr.

Seytoune, indweller in Abd.

Renunciation. Agnes Gordoune, Ladie Wattertoune, widow of George Baner-
man of Wattertoune, renounced in favor of Alexr. Banerman of Wattertoune, her son
(for considerations arrived at by arbitration), her rights to the lands and Barony of
Elsick in Kincardineshire [fully specified in the entry], and also to the lands and Barony
of Wattertoune [also fully specified].

Febry. 7. Loosings of Arrestments. The Crown & Sheriff v. Estate of the late John

Lintoune at the Brig of Done. Linloune was alleged "to have puttin violent hand and
drownit himselff." Cautioner Patrick Leslie, burgess of Abd.

9. Alexr. Forbes in Turriff v. John Tod, there. A claim for the alleged spoliation of

" tua fir beddis." Cautioner George Cruikschank, burgess of Abd.

17. Richard Symsone at the Mylne of Dilspro v. Marjorie Chalmer, widow of Patrick

Ray in Denstoun. Claim for abstracted multures. Cautioner George Kyng in Grand-
hame.

23. Jean Merser, Executrix of Robert Merser, sometime in Tombeig, Elspet Irving,
his widow, and John Gordoune, now her husband v. John Merser in Inver. The
alleged spuilzie of 16 lambs, a black mare and a horse. Cautioner Wm. Lessell in
Dillab.

24. Removing. Gilbert Johnestoune of Muirtoune v. Andrew Weill in Barrache of
Bourtie and Violet Forbes, his wife, who bound themselves to remove from Muirtoune
at Whitsunday, under penalty of 500 merks.

March I. Loosings of Arrestments. Andrew Reid of Collestoune v. Alexr. Buchane of

Auchmacoy. Alleged spuilzie of "certane lyme steanis" out of the " Quarrell he win
of [?] Perthudden." Cautioner Henry Buchane, burgess of Abd.

2. Alexr. Cheyne of [f] Denneburne v. John Stot in Inverurie. Cautioner Wm.

Adame in Muirtoune of [?] Finchane.

Lawborrows — Mutilation. Robert Baxter, Armorar, burgess of Abd. v. Wm.
Patersone, son of the late Robert Patersone, Litster in Abd. Caution £100. Cau-
tioner Mr. Robert Irving of Moncoffer.

5. Loosings of Arrestments. John Lockie in Cragerne v. John Auld in Bouak.

Cautioner Alexr. Chalmer at the Brig of Done.

7. George Wodman in Carnebana v. James Merschell, Messenger in Perkburne of

Fywie. Claim for the alleged Spuilzie of " fourtie aucht stains woll troy wecht pryce
of ilk stane tuelf punds." Cautioner Andrew Duncane, Burgess of Abd.

155

Aberdeenshire Sheriff Court :

1610.

March 7. Loosing of Arrestment. The said George Wodman r. John Boige in Brigend

of Cask. The same claim as in previous entry. Cautioner the said James Merschell.

10. Revocation of Deeds granted in Minority. George Banerman of Asleid
stating himself to be under 21, besides a general revocation, specially revoked a
Bond between him and Alexr. Seytoune in Ellone. The occupation of part of
Clayhills in Ellon was involved. The rare word " blokingis " occurs in this entry.

Lease. Wm. Lorimer, Burgess of Abd. liferenter of Siefeild in the Barony of
Slains and Thomas Forbes, Burgess of Abd. the Fiar thereof in favor of Agnes
Vilguiss widow of James Gibsone in Siefeild. This act was practically a lease to
the widow as " kyndlie tennent & occupiar " for five years, and in case of her death
to her assignees not being " of hier degrie nor estait nor umquhill James Gibsone hir
husband." Among the duties payable was one of "sax bollis nicill rin mett " to the
" Kingis Colledge of Auld Abd."

15. Loosings of Arrestments. Robert Hay, Burgess of Kirkcalclie, Thomas

Anclersone in Cauldwalls, Messrs. Thomas Nicolsone and John I.eyth, Commissaries
of Abd. v. Robert Lowrenstoune in Tillidcisk. Cautioner Alexr. Lowrenstoune,
Wricht, Burgess of Abd.

19. John Forbes, Younger of Poflug v. George Gareoche in Kiustair. Cautioner
Robert, Commendator of Monymusk.

April 4. John Wilsone in Bogheid of Fywie v. David Hay at the Corss of Jakstoune.

Cautioner Alexr. Mowtray, Burgess of Abd.

Mar. 25. Renunciation of Lease. Gabriell Stalker, Maltman, Burgess of Abd. in

(Entered favor of Thomas Cheyne of Raniestoune. Part of the town and lands of

out of Ferihill in the parish of Sanct Machar, of which Stalker's lease was still

date), unexpired.

April u. Loosings of Arrestments. Alexr. Cuming of Culter v. Robert Farquhar in

Bindzell. Cautioner Patrick Farquhar, Burgess of Abd.

12. David Hay at the Corss of Jakstoune v. John \Vilsone in Bogheid. Cautioner

Walter Grant in Badequhishe.

20. Assault — Blood-Drawing, etc. The Crown v. John Muirisone at the Mylne
of Kyntor. Muirisone was charged with the " crewell & onmercifull oppressing of
Thomas Mackie Scuilmaister in Kyntor be cuming to the said Thomas housiss upone
the luelt day of Apryll last by past & thair strak and dang up his chalmer doir to haue
takin his lyf and thaireftir be passing to the said Thomas scuill and oppressing his haill
scollerds as also for the alledgit striking of his wyif callit Mariore Ross throche the
hand with ane chissell to the gryt effusione of hir bluid." Cautioner Thomas Moir in
Torrieburne.

24. Loosing of Arrestment. Patrick Gordoune of Fola and Wm. Cassie in Chepel-

toune v. James Innes now in Annachie. Cautioners George Cruikschank in Auchter-
ellone and Mr. Alexander Innes " Maister of Skoull " at Ellone.

Judicial Enactments: Vol. II., Contents

1610.

April 28. Theft and Reset of Theft. The Crown v. Patrick Corser and Isobell Rattrie

his wife. There was a general charge of theft and reset and " speciullie for the recept
of the thifteous fangis of George Duthie." Cautioners Gilbert Gordoune and David
Cargill, Burgesses of Abd.

May 18. Renunciation of Tenancy. Mr. Robt. Paip, Advocate in Abd. for himself and

his son Mr. Wm. Paip in favor of John Lyoune of Middiltoune of Knokinblewis.
Some right to the occupation of six oxcngait of Middiltoune had apparently come to
Mr. Robert Paip and his son by the death of one William Paip. This right was here
renounced and discharged.

Loosings of Arrestments. Dame Agnes Sincler, Countess of Erroll and
Alexr. Gordoune of Strathdowne, her husband v. Walter Bodie in Ardiffrie.
Cautioner Mr. George Bodie, burgess of Abd.

19. Wm. Cassie in Chepeltoune v. David Robertsone at the Mylne of Chepeltoune.

Cautioner Wm. Gray at the Mylne of Schewes.

Isobell Gordoune and George Gordoune of Beldornie, her husband T. Robert
Nisbet in Boighoill. Cautioner John Kinneir, burgess of Abd.

21. The Marquis of Huntlie, etc., v. John Chalmer of Drumbulge. The hand of

the Marquis in arresting was " Sir Thomas Kar of IJertho knicht factour & uptaker of
the said nobill lord [s] lei wing." Cautioner Alexander Chalmer of Cowburtie.

Mr. Robert Udnye of Tillicorthie v. Wm. Materis, Wm. Woid and Thomas
Thomsone in Cowsteanes. Each of the arrestees was cautioner for the other.

Dame Agnes Sincler, Countess of Erroll v. James Hay in Tenthenis. Cautioner
Wm. Hay in Cask.

Dame Agnes Sincler, etc. v. Alexr. Lowrenstoune in Uner Aucheirie. Cautioner
Gilbert Smyth in Burnaluiff.

23. Nicolas Wardlaw, Ladie Bonytoune v. John Blak at the Mylne of Wausbirnes.
Cautioner David Leask of Ower Leask.

24. Dame Agnes Sincler, etc. v. Alexr. Jamesone in Uner Aucheirie. Cautioner
John Moir in Craigheid.

Wm. Meldrum of Badinscoth v. James Robertsone in Bankheid of Badinscolh.
Cautioner Patrick Gordoune in Monletie.

25. Patrick Cruikschank in Ardiffrie v. Andrew Mylne at the Mylne of Ardiffrie.
Special arrestment of sums of money in the hands of Andrew Gareoche in Ashallo and
James Annand at the Kirk of Crowden. Cautioner John Mylne, Cowper, burgess of
Abd.

Wm. Cassie in Chapeltowne v. Thomas Mairchand in Chapeltowne of Schewes.
" The tymer that was in the Chapeltowne" was specially arrested. Cautioner Wm.
Gray at the Mylne of Schewes.

May 26. Dame Agnes Sincler, etc. v. Barbara Lyndrum. Cautioner Alexr. Annand at the

Mylne of Annachie.

157

Aberdeenshire Sheriff Court t

1610.

May 26. Renunciation. Janet Ramsay, wife of John Leslie, younger of New Leslie,

renounced in favor of Andrew Leslie of New Leslie, her father-in-law, all rights, which
she might have under her Marriage Contract, to the lands of Edderlick in the Parish of
Premnay and Regalitie of Lundorris.

28. Loosing of Arrestment. Walter Cheyne of Arnage v. Alexr. Forbes, cotter in
Arnage. Cautioner Alexr. Reith in Tillidesk.

Renunciation and Discharge. Katherine Irvine, wife of Mr. Robert Gordon
of Fechill with consent of her husband and of Abraham Forbes of Blaktoune and
George Gordoun of Coclarauchie in favor of James Ogilvie of Blarok. Ogilvie was a
cautioner for the fulfilment of the husband's obligations under the lady's Marriage
Contract, dated at Wester Beltie and Blarok on 21 and 30 November, 1608. By this
Act of Court, Ogilvie was released. The lairds of Blaktoune and Coclarauchie were
presumably bound, along with Ogilvie, so that their consent to his discharge would be
necessary. The entry is signed by all the four granters.

Loosings of Arrestments. Nicoll Ross, Fiar of Auchlossin v. Alexr. Chalmer
of Balnacraig. Cautioner John Gardyne in Bellamor whom Robert Chalmer in
Boigloche, son of Alexr. Chalmer, bound himself to relieve.

29. Thomas Meldrum of Iden v. Robert Patersone in Home and Alexr. Makie at the
Kirk of Kineduard. Cautioner George Forbes, servitor to the " Guidman of
Auchintowll," to whom John Calder or Caddell in the Home granted an obligation
of relief.

Discharge and Assignation of Action of Spuilzie. Charles Troter, servitor
to Alexr. Gordoune of Clunie in favor of James Smyth in Grein Ailhous. The claim
was for a " blak hors quhyt tippit " taken from the Forrest of Brass in August 1609.
Of his action of Spuilzie Troter discharged Smyth and assigned it to him so that he
might sue John Nauchtie in Balbly, [Balblair] Archibald Mackie there and Andrew
Strathquhin in Dilbrek.

Loosings of Arrestments. Mr. Win. Burnet, Minister at Kinnernie v. Mr.
John Ross, Minister at Cluny. The arrestment was laid on the Vicarage and small
teinds of Drumnahoy and Bleirneill [Braeneil]. Cautioner Thomas Robertsone in
Drum.

John Glass in Newbigin of Ruthven v. James Gordoune in Tarow. The effects of
the late John Gordoune of Blarok which James Gordoune was said to have intromitted
with. Cautioner George Gordoune in Blarok.

31. Renunciation and Ratification. Christiane Lorremer, wife of John Hay,

burgess of Abd., in favor of Wm. Forbes of Tolquhone. John Hay had been the
holder of Bonds (the dates of which are given) on which the names of Alexr. Fraser
Apparent of Phillorthe, Wm. Hay of Urie, Andrew Fraser of Stainiewod, Thomas
Fraser of Streichin, Alexr. Annand of Ochterellone, James Ogilvie of Birnes, Alexr.
Fraser of Duris, George Craufuird of Annachie, Wm. Birnie, burgess of Fraserburgh,
and John Greig, Tyimber man there appeared as obligants. These bonds he had
assigned to Tolquhone. His wife's consent was taken in the manner set forth in this
entry.

158

Judicial Enactments: Vol. IL, Contents

1610.

June I. Renunciation and Ratification. Helen Mackwilliame, wife of Arthur

Hendersone, renounced in favor of James Gordoune of Knokaspok, all her rights
of conjunct fee or otherwise in the lands of Clat.

2. Loosing; of Arrestment. George Kar, younger of Benvells v. Andrew Fynnie

in Kirkhill of Benvells, Wm. Massie there and Andrew Mitschell there. " Bigings of
tymber werk thairin duris & windowis." Cautioner George Keyth of Glakreauche.

Removing. Robert Thomsone in Lytill Gowill for himself and his son Walter in
favor of John Gordoune of Tilligreig. John Gordnune of Tilligreig is in this entry
styled heritable proprietor of Lytill Gowill in the Parish of Sanct Maucher, from 8
oxengait of which, and the Walk Mylne thereof, Thomsone consented to remove.

Loosing of Arrestment. Nicolas Wardlaw, Ladye Bonytoune v. John Blak at
the Myl of Birnes. Cautioner David Leisk in the Manes of Leisk.

i. Renunciation and Discharge. Dame Margaret Ogilvie, Countess of Merschell

in favor of Gilbert Keyth of Troup. This was the Countess' judicial consent to and
ratification of a Discharge of a wadset of 8000 merks held by her husband Earl George,
over the lands of Troup. The Earl and Countess were both in Court and were stated
to appear for themselves and James Keyth their eldest son, but they did not sign the
entry. The contract of wadset was dated at Cuschnie 24 December 1600.

4. Loosings of Arrestments. Alexr. Copland of Udoche v. Alexr. Keyth,

apparent of Pettindrum. Cautioner Robert Keyth of Auldmad.

6. WTm. Forbes of Logic Fintray and Lucras [Lucretia] Hervie his wife v. John

Burnet in Elrick. Cautioner Alexr. Moir, Wobster, burgess of Abd.

9. Renunciations and Discharges. Margaret Balfour, wife of John Gordoun

sometime of Brekey and daughter of Sir James Balfour of Peitcullo, knight, in favor of
John Lyoune of Middiltoune and Alexr. Lyoune his son, Fiar thereof. This was the
lady's consent to and ratification of a conveyance by her husband to John Lyoune and
his son in liferent and fee of the lands of Brekay, Maynis of Brekay . . and
pendicles called Raebadds and Quhytwall and of the lands of Glaschaw and pendicle
called Reidfurde, Mill of Glaschaw, Lands and Forest of Drumcowten all lying in
the Barony of Knokinblewis.

Sarah Leslie, wife of James Gordoune, sometime of Brekay in favor of Wm.
Blakhall, apparent of that Ilk. A contract had been entered into between James
Gordoune and John his brother and Wm. Blakhall affecting the Lands of Quhytcors in
Logiedurno, which James Gordoune's wife here ratified. Alexr. Blakhall, father of
William, appeared as procurator for his son and there is a suggestion in the entry that
Mr. Robert Paip, Advocate, was a son-in-law of Alexr. Blakhall. Vide Supra p. 18.

12. Loosing of Arrestment. Thomas Cowie, younger, burgess of Abd. r.

Patrick Menzeis, burgess of Abd. Cautioner Alexr. Gray, burgess of Abd,

159

Aberdeenshire Sheriff Court:

1610.

June 22. Loosing of Arrestment. John Johnestoun in Mylnebrek r. George Clerk in

Aden. Cautioner Win. Keyth in Perkhous.

[?] 10. Removing and Mutual Discharge. Alex. Cuming of Cultar and John Gordoune
of Crabistoune. A long entry occurring here seems to be the last act of a dispute
regarding the lands of Lastis, alias Lachtis, in the Barony of Cultar, which had been
settled by a Decree of the Court of Session in an Action of Declarator of Redemption
at the instance of the late Alexr. Cuming of Cultar against John Gordoune. The Act
of Court contains a consent by Gordoune to relinquish possession, a Ratification by him
of the Court of Session Decree and an obligation that Margaret Cultis, his wife, should
appear before a judge ordinary aud give her consent and ratification. On the other
hand Cuming, as representing Alexr. Burnat of Leyis, who had had right to the ward,
relief and non-entries of the Barony during the minority, and also for himself, discharged
Gordoune of all payments that could be asked of him for his occupation of the lands.
The original donator to the ward, &c., was Alexr. Earl of Drumfermling, Lord Fyvie,
&c., Chancellor of Scotland, who assigned his right to the Laird of Leyis.

29. Loosing of Arrestment. David Andersone in Litill Gowill v. Henry Ray in

Balbithane. Cautioner Alexander Gordoune in Cowsteaines.

July 4. Removing and Lease. Thomas Leslie in Chrystis Kirk in favor of Andrew

Leslie of New Leslie and Andrew Leslie to Thomas Leslie, (i) Thomas Leslie bound
himself to remove from " the Brewing of Chrystis Kirk and preueledge thairof" and to
cause Margaret Wat, wife of Alexander Jarden, to " seas from brewing and selling of
aill and beir." (2) Andrew Leslie let to Thomas Leslie the fourth part of the town
and lands of Chrystis Kirk in Kennethment upon various conditions as to rent, buildings
and keeping good neighbourhood, which are of a very interesting kind.

n. Renunciation and Discharge. Marjorie Straquhan, wife of John Leslie, son
of Patrick Leslie of Kyncragie, and daughter of Wm. Straquhan of Tippertie in favor
of the said Wm. Straquhan In terms of her Marriage Contract dated in 1610 to
which, in addition to those already named, George Leslie, the eldest son of Patrick
Leslie, was a party, the lady discharged a wadset in her favor over the half town and
lands of Tippertie and half of the croft called John Ross' croft.

Loosing of Arrestment. Alexr. Irving of Drum v. John Herwie and others in
Waster Fintray. Peats in the Moss of Saphak. The arrestees were cautioners each
for the other.

17. Theft and Reset. The Procurator Fiscal v. Patrick Corsar, burgess of Abd. and

Isobel Rattrie, his wife. There was specially charged the "recept of the thifteous
fangis of George Duchir." Cautioner David Cargill, burgess of Abd.

Loosing of Arrestment. James Grant of Inverernane v. Inghrame Chalmer
in Ower Invernochtie, John Moir younger in Balnabodoche, Allaster Keandiche and
Patrick Keandiche younger in Tolloquhill and Allaster Andersone in Fynnylost. Peats
in the Moss of Correbrak and Carnequheicht. Cautioner George Elphinstoun, Saidler,
burgess of Abd.

160

Judicial Enactments: VoL IL, Contents

1610.

July 21. Abduction with Intent to Murder. The Procurator Fiscal v. Wm. Andersone

in Fowlartoun of Thainstoun. The charge was of " aiming to the houss of Patrick
Forbes in Kintoir & thair under silence and cloud of nicht and taiking the said Patrick
furthe of his bed and haveing him to the muntaines to haue murdrit him." Cautioner
David Meluill, servitor to the Laird of Tollquhone.

28. Loosings of Arrestments. Paull Menzeis of Kynmundy v. John Leith of

Edingarioche and Annas Keyth, widow of Robert Menzeis and wife of Adam Gor-
doune, and their tenants. Another recrudescence of the dispute about the ownership
of the Hill of Drumnagar, or, as it is here alternatively called, Middill Hill of Boighoill.
Cautioner George Layng, burgess of Abel.

31. James Ogilvie of Blarok v. James Ogilvie of Birness. The corn sown by Birness

and his tenants upon the bounds of Auchleuchreis Eister and Waster, according to a
minute description, was the subject of this arrestment. Cautioner Alexander Gordone,
Notary Public.

Robert Forbes of Echt v. Robert Forbes of Tillioche. Peats in the Mosses of
Finnersie. Cautioner Johne Gordoune of Crabistoune.

Warding. John Gordoune of Craig and Mr. John Fullartowne, Sheriff Clerk of
Kincardine v. Walter Fraser, brother german to Sir Alexr. Fraser of Fraserburgh,
knight. According to this entry Mr. Michael Fraser of Techmurie received, out of the
Sheriff's ward and keeping, Walter Fraser, binding himself to re-deliver him to the
Sheriff depute, within the house of Mr. Wm. Anderson, the Sheriff Clerk, between 9
and 10 o'clock next morning, under penalty of .£10,000, which was to be paid, if
incurred, in the proportion of 10,000 merks to Gordon of Craig and 5000 merks to John
Gordon, the Sheriff depute. An entry on the margin signed by the Sheriff depute
discloses the fact that Fraser was duly presented and Mr. Michael Fraser discharged.

Augt. i. Loosing of Arrestment. Wm. Gordoune of Abirzeldie v. Alexr. Irving in

Auchmoir and others. Peats upon Auchmoir. Cautioner Mr. Duncan Forbes of
Balnagask, whom Alexr. Skeine of that ilk bound himself to relieve.

Warding. John Gordoune of Craig and Mr. John Foullertoune v. Walter
Fraser. Walter Fraser being entered on ward with the Sheriff depute, was again
bailed out by his friends until 5 October. The same caution was fixed as before, viz. ,
,£10,000. In addition to Mr. Michael Fraser of Techmurie, there were now included
as cautioners Alexr. Annand of Ochterellon, Andrew Fraser of Tyrie and John Fraser
of Memsie. The place of ward was to be the dwelling-house of Thomas Cowie, elder,
" closs and yeards thairof quhilk houss lyis upone the wast syde of the Gallowgait of
Abd. sumtyme perteining to Wm. Wedderburne, Burgess." Liberty was given to
Fraser should it be necessary for his health "to repos himself within Abd. and ane
myll about the said burgh.'' The house of the Sheriff Clerk, at which he was to be
delivered up on Octr. 5, was also on the West side of the Gallowgate. A marginal
note testifies that ward was kept and the cautioners discharged ; but no other entry
has been found.

Aberdeenshire Sheriff Court :

1610.

Augt. 2. Loosing of Arrestment. Jeane Skeine, Ladie Buchquhyne [Balquhain] and

John Leslie, her husband, v. Wm. Keathe of Petindrum, Marjorie Barclay, his mother,
and others. Peats cast within what were alleged to be the bounds of Fenzeis, of which
Mrs. Leslie was liferentrix. Cautioner Wm. Pelindreiche, elder, in Petindrum.

3. Obligation by Liferentrix for Upkeep of Estate. John Gordoune of
Crabistoune and Thomas Gordoune of Grandoun became cautioners for Beatrix
Gordoune, widow of John Forbes of Echt in the following circumstances. Robert
Forbes of Echt had obtained an order of the Court of Session to cause the lady as
liferentrix of the lands and barony of Echt, to maintain the buildings, &c., and " on
nowayis to waist cast doun cutt or distroye the planting or pollece " [policies] of the
lands, " nor yit intromit with the treis, tymber, grouthe or planting of the saids woids
& forrestis." The barony comprised lands in the three counties of Aberdeen, Banff
and Kincardine.

4. Loosings of Arrestments. Gilbert Leisk in Raneishill v. Patrick Cortanes in
Petmukstoune. A sum of 9 merks in the hands of John Glennie in Raneishill was
specially arrested. Cautioner Patrick Bisset, burgess of Abd.

8. Duncan Bonar v. John Gillespie in Polfluig. Bonar was assignee to an arrestment

used by Katherine Inghrame and Andrew Bonar, her husband. Cautioner Henry
Forbes, burgess of Abd.

15. George Andersone, Skipper, burgess of Abd. 'a. David Robertsone, Mariner in

Futtie. Cautioner Gilbert Davidsone, Tailzeour, burgess of Abd.

18. John Leyth of Edingerrak and others r. the tenants of Paull Menzeis of Kynmundie.

The Peats on Drumnagair again. Cantioner James Menzeis, burgess of Abd.

Assault— Blood-drawing. Mr. Wm. Barclay, Procurator Fiscal 7.-. Wm.
Andersone in Fowlerloune of Thansloune. The unmerciful hurting wounding and
blood -drawing of Robert Vatsone at the Milne of Thenstoune. Cautioner David
Meluill, servitor to the Laird of Tollquhone.

Loosings of Arrestments. Wm. Cowper in Kintor v. Andrew Cowttis at the
New Milne of Sachin. Cautioner James Cowttis in the Mylne of Holl.

Wm. Cowper in Kintor r. Alexr. Glanie in Badintuch. Cautioner James
Cowttis at the Mylne of Holl.

25. Thomas Syme in Esselmont r. John Chene of Claymyris. Peats " in the heid of

the wardis of the South syd of the Mains of Esselmont." Cautioner Andrew Procutor
in Fechell.

27. Warding. The Procurator Fiscal and Jeane Stewart and George Gardyn in

Blairtoun, her hushand v. Andrew Davidsone in Blairtoun and Margaret Edmond, his
wife. Mr. and Mrs. Davidsone were in ward in the Tolbooth, having been fined
£100, payable to the Fiscal, and ^100 to Jeane Stewart and her husband. They were
released upon Mr. Robert Gardyn of Blairtoun becoming cautioner for their appearance
on 5 Octr., " betuixt sone ryising & going to thairof " or in case of failure for payment
by him of their fines.

162

Judicial Enactments: VoL IL, Contents

1610.

Augt. 27. Assault — Blood Drawing. The Procurator Fiscal and Wm. Blak and Robert

Forbes, his master v. Alexr. Uuncane in Petmurchie. The cautionary obligation of
Thomas Burnett of Ennettis for the appearance of the accused was in writing and was
presented by Mr. Robert Davidsone, Advocate, his procurator.

Theft by Housebreaking. Robert Forbes of Eister Tolmaidis v. Alexr.
Straquhan in Brockhollis. Straquhan was charged with " braking up of barnc
dorris & steiling of v stein of cheissis fyw irine sommes [or scemes] with ane dowsone
of oxin bowis & tua staigis." Cautioner Patrick Etterschank in Larnie.

u. Renunciation and Discharge. Mr. George Herwie in Waster Disblair in favor

of Wm. Chalmer, Portioner of Waster Disblair. This was a written document dated
at Old Abd., 27 May, 1610, and now registered whereby Herwie renounced the shadow
half of Waster Disblair. The witnesses were Charles Chalmer, sometime of Tillikeirie,
Arthur Chalmer of Collehill, Alexr. Lillie in Old Abd., Robert Chalmer and James
Chalmer, brother to Win. Chalmer, George Reidheid, servitor to Lillie, and Wm.
Chalmer, Student.

Septr. 3. Loosing of Arrestment. James Silver in Tullichen v. Barnat Stewart of

Marywall, John Chopman there and Ross of Tillisnacht. The defenders

were apparently debtors of the late Robert Burnat of Drumneochie. Cautioner John
Forbes of Tillikirie.

4. Sheepstealing. Mr. Wm. Barclay, Procurator Fiscal v. Robert Gardyne.
" Steiling and merking of ane gimmer and sum lambes with uther sundrie poyntis of
thift." Cautioner George Elphinstoune, burgess of Abd., and Sadaler.

5. Loosings of Arrestments. James Keyth of Kynnadie v. Alexr. Mill in
Scottismill and Thomas Glenny there. Com and grass sown and " hainit " on the
commonty of Kynnadie. Cautioner Andrew Keyth of Carntradlein.

6. Thomas Meingzies of Cultis v. Thomas Fraser in Cowntiswallis and Andrew
Sangster in Pettfoddells. Cautioner Gilbert Chalmer of Cowntiswallis.

Judicial Ratification. Alexr. Forbes, sometime of Thanstoune, and Wm. Forbes
in Tertowie, his son, in favor of Patrick Grant of Banandalache. This was apparently
the final act in a bit of old family history. [Supra 5 May, 1603, p. 37.] On 7 Octr.,
1609, a Discharge had been granted by the Forbes's to Patrick Grant as son and heir
of the late Patrick Grant for 800 merks, which was the tocher promised by the latter
with the late Janet Grant, his daughter, when she wedded with Alexr. Forbes in 1565.
This discharge was now ratified in Court by the granters.

17. Loosings of Arrestments. Andrew Leslie of New Leslie, John Leslie, apparent

thereof, and Janet Ramsay, wife of John Leslie v. John Andersone in Auld Leslie.
Claim for rents of the " Tempill landis of Chrystis kirk " and for " demolesing of the
biging of the samen." Cautioner Wm. Leslie in the Milne of Buchanestoun.

19. Alexr. Irving of Drum v. Alexr. Cuming of Coulter. Corn growing upon the

" debaitabill lands lyand betuixt the lands of Craigtowne, Hollmylne and Tullioche. "
Cautioner Gilbert Chalmer of Countiswalls.

163

Aberdeenshire Sheriff Court:

1610.

Septr. 20. Mutilation. Mr. Wm. Barclay, Procurator Fiscal v. Wm. and Andrew

Cruickshank in Glenmallig and Wm. Durnoch in Buss of Logic Auldtoune.
The alleged mutilation of Wm. Mowat in Logic Auldtoune. Cautioner George
Dempster of Hassiwallis.

21. Loosings of Arrestments. John Leslie of Flinderis v. James Merstoune and

George I^arquhar in Auchquharsk. Corn sown upon that part of Auchquharsk " callit
the Mother myr and St. Maluce." Cautioners Alexr. and Walter Farquhar in
Auchquharsk.

28. Mr. John Leith, Commissary of Abd. v John Leith of Leiklieheid. Corn sown

upon Auchlevin. Cautioner John Skyne, burgess of Abd.

Lawborrows. Oliver Wobster in Auchnacant v. Alexr. Reith in Tillidesk.
Cautioner Win. Craigheid, burgess of Abd. Penalty 300 merks.

Loosings of Arrestments. John Arskine of Bahagartie v. Alexr. Straquhan,
Fiar of Glenkindie. Corn sown upon the part of Auchnagat " callit the laich moss."
Cautioner Mr. Duncan Forbes of Banagask.

Mr. Wm. Kay, Chamberlain to the Earl of Murray v. Thomas Rob and James
Simmer in Fintray. Cautioner Wm. Simmer in Haltoune of Fintray.

Theft. The Crown v. James Andersone in Tailtie. Cautioner George Leslie of
Creichie.

Octr. 10. Loosings of Arrestments. John Gordoun of Drimmes v. Patrick Kanauch in

Auld Rein and John Kanauch in [?] Bonitowne. Cautioner John Leyth, apparent of
Harthill.

Gilbert Chalmer of Cowntiswallis v. Alexr. Fraser in Brotherfield. Cautioner
James Forbes, burgess of Abd.

John Gordoun of Drimmes v. Isobel Thomsone, widow of Wm. Kanauch in
Ardune. Cautioner John Leythe, apparent of Harthill.

13. John Leslie of Petcaple, John Androw in Bandache and Janet Ray his wife v.

John Davidsone in Waster Fintrey. Cautioner John Merser, Saidler, burgess of Abd.

Wm. Kennedy in the Kirktoune of Keonockis v. Gilbert Kay. Cautioner David
Lesk in Lesk.

Mr. Wm Barclay, Procurator Fiscal and Isobel Forbes, Lady Balbegno v.
Andrew Fergusone, sometime in Nedder Kinmondie. Cautioner Gilbert Fergusone
in Nedder Kinmondie.

164

Judicial Enactments: Vol. II., Contents

1610.

Octr. 13. Loosings of Arrestments. Wm. Bisset of Auchrenie v. Alexr. Michell in

Achiries. Past due rent. Cautioner Robert Perk in Roynachie.

19. Patrick Forbes in Mekill Finersie and James Patrie, servitor to Aberzeldie v.
James Forbes in Tillanihilt. Cautioner Henry Forbes of Newhillis.

William, Lord Keith v. James Davidsone in Dummill. Cautioner Andrew
Laurence in Toux.

20. John Stewin in Collhill v. Alexr. Crukschank in Ellene. Cautioner Andrew
Ross in Fechell.

22. Assaults— Blood-drawing. The Crown v. Walter Rogar in Rothmuriall.

Cautioner John Leslie of Duncanstoune.

The Procurator Fiscal v. Wm. Paxtoune in New Leslie. Elspet Eadie was alleged
to have been assaulted. Cautioner Walter Roger in Rothmuriall.

24. Loosings of Arrestments. Robert Forbes of Echt v. Beatrix Gordoun, Ladie

of Echt. Cautioner Adam Gordoune in Milnehilll.

Robert Forbes of Echl v. Donald Gordoune in the Meanis of Echt. Cautioner
Adam Duff in Auchdowriie.

Andrew Reid, of Collistoun v. Robert Vatsone in Blairfoull. Rents of Litill
Drumquhandill. Cautioner Peter Metland.

29. James Andersone in Tillichetly v. Wm. Tuch in Archballa. Cautioner Wm.

Gariach in Archballa.

Novr. 9. Alexr. Gordoune in Waster [?] Nadye v. Adam Strauchquhane, brother and executor

of the late Wm. Strauchquhane of Glenkindey. Cautioner Alexander Strauchquhane
of Glenkindey, son of William and nephew of Adam Strauchquhane.

10. Child Murder or Abortion. The Crown v. James Andersone and Barbara Kemp

in Litill Drumquhendell. " The alledgit slauchler of ane bairne onborne." Cautioner
Wm. Kemp in Litill Arnage.

Loosings of Arrestments. John Leslie of Balquhane v. John Farchar in
Felterneir. Cautioner John Robertsone in Faibbertie [or Saibbertie].

John Andersone in Litill Varthill v, James and Arthur Cruickschank. Cautioner
Wm. Abircrummy in Kemmellis.

14. Alexr. Birnie in Fraserisburgh v. James Chene in Petsligo and George Milne at

Milne of Forrest. Claim for the wrongous comprising of his goods out of the lands of
Thomas Birnie in Kinglasser. The cautioner for Chene was John Gordone of Craig,
while Chene bound himself as cautioner for Milne.

Aberdeenshire Sheriff Court t

1610.

Novr. 14. Judicial Ratification. Margaret Ohbyne [or Olybyne] wife of Andrew Reid of

Collistoune. This was the ratification of an alienation of the sunny eight oxengait of
Little Drumquhendill granted by Reid and his eldest son Gilbert to Thomas Bodie in
Peterhead and Margaret Robertsone, his wife.

17. Loosing of Arrestment. Beatrix Gordoun, Lady of Eacht v. John Stewin in

the Mains of Eacht and others. £100 was claimed for malt and meal sold by the lady's
Chamberlain to the arrestees. Cautioner David Eadie, burgess of Abd.

19. Judicial Ratification. Magdalen Arskein, wife of John Leslie of Milntoune of
Meikill Durnocht. The lady here ratified an alienation by her husband to Patrick
Gordoun and Barbara Murray, his wife, of the Milntoune of Meikill Durnocht, &c.

20. Renunciation and Discharge. Margaret Forbes, wife of James Forbes of
Milnboy. Her conjunct fee or other right to the lands of Boquhome in Invernochtie
in favour of John Forbes of Balquhome and Patrick Forbes, his son.

22. Loosings of Arrestments. John Touche, elder, burgess of Abd. v. John Touche,

younger, burgess of Abd. Cautioner James Mowat, burgess of Abd.

Robert Dasone in Linquhanan v. George Duncansone in Linquhanan. Cautioner
Robert Burnet, burgess of Abd.

Win. Birnie in Fraserburgh z1. James Clark of Houssahill. Cautioner Mr. Alexr.
Irving [Advocate].

30. Peter, Bishop of Abd. v. Alexr. Meldrum, Wm. Elphinsloune, Wm. Chopemane

and Robert Leithe, all in Auldcraige. Cautioner John Leslie of Petcapill.

Assaults. The Crown v. John Login in Waster Fintray. Patrick Sangster in
Calff-fauld was alleged to be injured. Cautioner Charles Chalmer in Fintray.

Dec. 7. The Crown v. John Davidsone in Waster Fintray. The same assault and cautioner.

13. Loosings of Arrestments. Wm. Gordoune of Deninmad v. James Pettindreich

in Hogsloune of Strathbogie. The multures of Milne of Knokleith were specially
arrested.

21. Alexr. Birnie, Merchant in Fraserburgh v. Alexr. Crowdane in Kinglasser and
others. The spoliation of certain horses and corn, for remedy of which an action was
depending in the Sheriff Court. Cautioner George Milne at the Milne of Forrest.

1611.

Jan. 16. Removing. John Cristall in Deanstoun in favor of Thomas Gordoun of Grandoun.

From four oxtngait of the Lands of Deanstoun in the parish of Saint Machar.

19. Loosing of Arrestment. Elspet Gray, widow of Alexr. Cullen, sometime

Provost of Abd. v. Mr. Alexr. Cullen, burgess of Abd. What was here arrested was
the number of 38 bolls beir or thereby due to Mr. Cullen by Gilbert Maky, indweller
in Abd.

1 66

Judicial Enactments : Vol. II., Contents

1611.

Jany. 3. Discharge and Renunciation. James Forbes, eldest son of Abraham Forbes of
Blaktoun, with consent of his father and also of Robert, Commendator of Monymusk,
and Mr. Wm. Anderson, burgess of Abd. [the Sheriff Clerk] in favor of Mr. Win.
Forbes of Mainy. The transaction here disclosed may be thus summarized. In 1592
the late John Forbes of Tollies had disponed in wadset to James Duncan of Mairdrum,
and Janet Lumsden his wife, in security of 1200 merks, the Lands of Corbanchrie and
in warrandice of these, the lands of Morleich. To the letter of Reversion granted by
Duncan and his wife on 21 March, 1591-2, Mr. Wm. Forbes of Mainy had come to
have right, as Assignee of Alexr. Forbes of Tollies, grandson and heir of John Forbes,
the granter of the wadset right. The holder of the security, originally granted to
Duncan and his wife, was now apparently young Forbes of Blaktoun, whose father
joined with him in acknowledging the payment.

22. Perjury. Adam Wat in Nether Auchqnhartie charged with perjury in an action

pursued by John Williamsone at the Milne of Thenstowne. Cautioner John Litilljohne
in Drumnornay.

26. Loosings of Arrestments. Obligation produced whereby James Merk in

Bucharne became cautioner for Robert Browne in Buckgartie, John Brown in Tulla-
throwie and Janet Browne in Duncanstown, whose effects had been arrested by James
Browne in Drumferge and Margaret Wat, wife of Walter Walker in Noth.

28. Wm. Bruncha in Clunie i>. James Crichtoune in the Newtoun of Drumblet.

Cautioner Alexr. Burnet sometime in Chappeltowne.

30. Gilbert Mealling in Fetterneir -v. Richard Mealling there. Cautioner John Farquhar
in Fetterneir.

31. Thomas George at the Milne of Fiddes bound himself to enter Arthur Johnstoun
in Auchindarge within the Tolbooth on Feb. 5, failing which to pay to John Gordoun
of Tilligreige [the Sheriff depute] 500 merks on Feb. 6.

Feby. r. John Browne in Auchterles v. Alexr. Cruikschank, burgess of Abd. Cautioner
James Gib, burgess of Abd.

2. John Ogstoune in Bannomune v. Andrew, Alexander and Edward Craik in

Auchiries. Obligation by Alexr. Craik in Newtowne of Auchiries as cautioner, dated
29 January, produced.

8. Herie Gordoune in Taertie v. John Glenie in Taertie. Cautioner Mr. John Chene
of Petfichie.

9. Alexander Forbes of Thainstoune v. Wm. Andersone in Fullertoun. Cautioner
Wm. Forbes of Tolquhone, who signed " Tolquhone."

12. Andrew Leslie of New Leslie v. Duncan Robertsone at the Kirk of Insche, John

Hog there and Walter Michie at the Mill of Insche. Cautioner John Cruickshank,
burgess of Abd.

I67

Aberdeenshire Sheriff Court :

1611.

Feby. 14. Loosings of Arrestments. John Steinsone in Crukstoune v. Alexr. Donaldsone

in Crukstoune. Cautioner William Watsone in Leuch lands. The sum claimed here
was 40 merks and 6 firlots victual as the price of an ox.

Thomas Gordoun in Fechell and Thomas Reith in Craigie of Schethin v. John
Reid in Tullimad. Cautioner Thomas Chene of Rainistowne. The claim here was
800 merks.

15. John Johnstoune, burgess of Edinburgh v. Andrew Richie, Skipper in Fraserburgh

and Wm. Baxter there. Cautioner Wm. Fraser in Fraserburgh. Claim for the
" fraucht of ccrtane tymber."

Agnes Ilerwie, lawful daughter of Mr. George Herwie in Waster Disblair T. John
Ilcrwie in the Peithill of Petmuk. Cautioner Patrick Steiwen in Kinmuck.

19. Francis, Farl of Erroll and David Syme, his Chamberlain v. Mr. Alexander Bruce,
Minister of the Kirk of Slains. Cautioner George Bruce, Sadler, burgess of Abd.

20. Alexr. Annand of Auchterellen v. Thomas Sime in Essilmont. Cautioner Gilbert
Chalmer of Countesswalls.

27. Imprisonment for Debt. Robert Elshioner, burgess of Abd., by this Act of

Court acknowledged to have received out of ward in the Tolbooth, the person of his
brother-in-law, John Kinneir, who had failed to pay a debt of ^408 to Mr. Alexr.
Gibsone, Clerk of Session, as Assignee of Adam Gibsone, burgess of Edinburgh. The
act further contained an obligation by Elshioner to re-enter Kinneir to ward before
April 15, or in case of failure to pay ,£408 to John Gordoune of Tilligreig, the Sheriff
depute, before May 10, on a charge of six days. On the margin is written "Cassatur
hoc presens actum ex consensu partium quia plenarie persolutum et satisfactum. John
Gordone Sref." The next Act of Court is an obligation by Adam Gordoune of Boigholl
and Mr. James Keith of Auchrynie to relieve Elshioner of the foregoing obligation
undertaken for Kinneir.

Loosings of Arrestments. Gardyne, wife of Wm. Stewart of Cow-

stonis v. Alexr. Gordoune, Wm. Materis, Wm. Wood and Thomas Thomsone,
occupiers of Cowstownis. Cautioner W7m. Udney, Fiar of that Ilk, by written obligation
dated at Tillicorthy Feb. 16.

March 5. John Gordoun of Newtoun and Wm. Udny, fiar of that Ilk v. Elspet Cruikschank

in Wranghame, widow of Robert Pcirrie. Past due rents. Cautioner Alexr. Pantoune,
burgess of Abd., whom James Gordoun, fiar of Newtoun, bound himself to relieve.

7. George Craufurd of Annachie v. Robert Boyne in Culsh of Fedderat. Cautioner

Alexr. Gordoune in Cowstonis.

12. Henry Tailzeour in Waster Fintray v. John Foullartoun in Waster Fintray, Robert
Foullartcun there and Christiane Smythe there. Cautioner Robert Keathe of Strathry.

13. John Findlater in Pettullies v. Thomas Andersone and Alexr. Goudie in Pettullies.
Cautioner Alexr. Gordoun in Kindrocht.

1 68

Judicial Enactments : Vol. IL, Contents

1611.

March 16. Loosing of Arrestment. Cristane Smyth in Vaster Fintray v. Henry Tailzeour

in Vaster Fintray. Cautioner Thomas Bauerlay in Logiefintray.

18. Theft. Andrew Hendersone, Craftisman of Abd. , was cautioner for the entry of

James Birney, Wobster, charged with stealing an ox, and other crimes.

23. Loosings of Arrestments. John Davidsone and Elspet Blak, his wife, in

Macktarrie v. James Stewin in Blachrie. Cautioner Wm. Singzeour, burgess of Abd.

25. Mr. Wm. Ray, burgess of Abd. v. John Foullartoune, Robert Foullartoune and

Christane Smyth in Waster Fintray. Cautioner Robert Keithe of Strathrey.

April I. John Leslie of Balquhyne v. Hectour Davidsone in the New Mylne of Knokalachie.

Cautioner James Sengzeour in Balquhyne.

(i) James, Earl of Murray ; (2) James Tailzeor in Hedderweclc, John Porter, elder
in Fintray, James Scherar in Dyce, Wm. Melving in Kinaldie and Robert Tailzeor in
Fintray ; and (3) John Gumming, younger in Fintray v. Robert Aikin in Fintray.
Cautioner James Keythe of Kinaldie.

6. Renunciation. Walter Smythe in the Miltoune of Findone renounced the

possession of the half Mill, etc., in favor of Andrew Menzeis in Carnerobein as at
Whitsunday next and sold the crop and stocking to Menzeis at prices to be fixed by
Thomas Gardiner in Badintoy and Alexander Donnaldsone in Barkleyhill, arbiters
chosen by Smyth and Robert Gairdyne in Cuikstoune and Alexr. Mylne at Mylne of
Marieculter as friends of Menzeis. Both parties submitted themselves to the
jurisdiction of the Sheriffdom of Abd. By a marking on the margin dated 13 April
the parties agreed to the deleting of the foregoing entry.

8. Loosings of Arrestments. Alexr. Ray in Kintoir v. John Crilbes in Bromhillis

in Kintoir. Cautioner James Donnaldsone, burgess of Abd. Claim for the spuilzie of
" ane hroune hors ane cow ane steir with ane coyak."

13. John Watsone in Auldgowill v. James Andersone in Peiteis milne charged with

" melling and intrometting withe ane suord and fourtein elnes of tuedlit beding ane
new bonnat ane belt ane purss & ane dager." Cautioner George Settoune of
Auchinhtuff.

Alexr. Strauchin of Glenkindie v. Walter Toux in Auchnagat. Cautioner Andrew
Broun, burgess of Abd.

15. William Yett in Fiddes v. Alexr. Crafurd in Rethin and Hew Crafurd of Quythill.

Cautioner Arthur Davidsone, burgess of Abd. Money had been amsted in the hands
of John Arskein of Balhagertie.

30. Hectour Abircrombie in Wasthall v. George Duncane in Wasthall. Claim for

rent. Cautioner Wm. Leithe, burgess of Abd.

May I. Wm. Setowne of Blairis v, James Vatsone in Blakhous of Kingudie. Cautioner

Charles Chalmer, indweller in Abd.

y 169

Aberdeenshire Sheriff Court :

1611.

May 4. Loosings of Arrestments. Wm. Forbes of Bairnis v. Alexr. Gordoune in

Auchinhuif. Cautioner Andrew Wod at the Mylne of Ardo.

8. George, Marquis of Huntlie z>. George Innes in . Cautioner Gilbert
Cullen, burgess of Abd.

Andrew Fraser of Steaniwod v. John Smythe in Cairnbrogin. Cautioner Wm.
Hendersone in Auld Abd.

Wm. Hay of Crimonmoggat v. Robert Mair in Litill Arnage. Cautioner Wm.
Mair in Kinharrachie.

9. John Forbes of Petsligo and Patrick Smyth in Ouirglassill v. Alexr. Crystisone in
Ouirglassill. Cautioners George Car [signing Ker], burgess of Abd. and Alexr. Keythe
of Protstounc, the latter becoming bound to relieve the former.

14. John Forbes of Petsligo v. Wm. Forbes in Braklamoir. Cautioner Duncan Forbes
of Bythe.

15. John Stot v. Patrick Menzeis, burgess of Abd. Cautioner David Robertsone,
burgess of Abd.

1 6. Robert Smyth in Petmellen v. Thomas Comper in Taertie. Cautioner John Leisk
tenant of four oxengait of Ballskanfie.

Renunciation and Ratification. James Keith of Kennady renounced the
Shadow half of the lands of Auchquhorsk in Kinnellar, in favor of Alexr. Fraser in
Bogheids, and Margaret Fraser, Keith's wife, appeared and ratified his deed.

18. Loosings of Arrestments. Adam Fraser of Findrach v, John Cadell in Findrach.

Cautioner Gilbert Leslie, " Schoillmaister " and burgess of Abd.

22. Robert Mowir in Dariaucht v. Alexr. Bower in Jakstoune. Cautioner James

Mowat by Wm. Chalmer his procurator.

24. Reset of Theft. John Gordoune of Tulligreig, Sheriff Depute of Abd. v. Thomas

Dempster, Flescher in Abd. Cautioner Wm. Russell, Wobster, burgess of Abd.
Dempster was charged with resetting sheep stolen from Auldmad.

June 4. Loosings of Arrestments. Nicolas Wardlaw, widow of Wood of

Birneis-Bonnitounc. Cautioners John Leslie and James Andersone, Litster, both
burgesses of Abd.

Robert Mutray of Clubisgowill v. James Cassie in Quhytstrypis. Cautioner Mr.
Wm. Moir, burgess of Abd. Peats, &c., cast in the mosses of Areheidis.

7. John Leslie of Petcapill and Wm. Seatoune of Blair v. Wm. Forbes, fiar of Bairnes.
Cautioner Alex. Jaffray, Bailie, burgess of Abd.

8. James Cassie [?] of Quhyitstryippis v. Robert Muttray of Clubisgowll. Cautioner
Thomas Mutray " fyer " of Lochehills.

I70

Judicial Enactments: Vol. II., Contents

1611.

June 10. Loosing of Arrestment. Alexr. Middiltoune " thesaurer and collectour of

the pennilties of the paroche Kirk of Sanct Macher of Auld Abd." v, Wm. Sander-
sone at the Brig of Done "for satisfactioune to the said Alexander of ane penultie
imposit upone the said Wm. for committing of ane fornecatioune. " Cautioner Andrew
Broun, burgess of Abd.

17. Assault— Blood-drawing. Wm. Duncane in Auldcraig to appear on June

26 to answer to a charge of assaulting Wm. Suane, sometime in Auldcraig. Cautioner
John Leslie of Petcappill.

Removing. Elizabeth Holland, widow of John Gordoune, sometime in Enzean,
consented to remove from Enzean in Monymusk, in favor of Wm. Forbes of
Monymusk.

19. Removing. Patrick Straquhan in favor of Mr. James Irving, Minister at the
Kirk of Touch, heritable proprietor of the lands. Straquhan consented to remove
from Ardgowes and Wodsyd in Barony of Cluny.

20. Loosings of Arrestments. John Layng in Sklaittie v. John Tailzeour in
Crabistowne. Cautioner John Lumsdane, Baxter, burgess of Abd.

John Irvine, elder of Petmurchie and John Irvine, fiar thereof v. Patrick Irving in
Carnbady. Peats, &c., in the mosses called the Perkhill of Lumphanan were arrested.
Cautioner Patrick Ross, fiar of Auchlossin, who signed " Aperand of Auchlossin."

28. Wm. Forbes, fiar of Bairnes v. George Leslie at the New Milne of Cremond.
Peats, &c., arrested. Cautioner John Leslie of Petcapill.

Wm. Forbes of Bairnes v. other tenants in Cremond, for whom Leslie of Petcapill
was also Cautioner. The Moss of Cremond is specified in this Act.

29. Breach of Arrestment. George Currour of Dyce and the Procurator Fiscal v.
James Ronnaldsone in Rethis and George Crichtoune of Tullikeirie. Cautioner Mr.
Wm. Chalmer of Waster Disblair.

July 4. Loosings of Arrestments. Alexander Irving of Drum v. Andrew Curray, John

Hervie, Walter Fowlar, Wm. Chalmer, John Fowlartowne, Robert Tailzeour and
Robert Fowlartowne all in Waster Fintray. Cautioner Charles Chalmer in Waster
Fintray. Peats cast by the parties in the Moss of Sauock in Fintray and " contigue
adjacent " to the lands of Kinmuck.

6. Nicoll Ross, apparent of Auchlossin v. Robert Foderinghame in the Craigtowne

of Lumphanan, who was said to be in arrear with his rent. Cautioner Robert Irving,
Cowper and burgess of Abd.

II. George Ewand in Clorttiebuck v. John Davidsone in Auld Abd. Cautioner Henry

Robertsone, Cordiner and burgess of Abd.

1 6. Gordoune of Tulloche v. Wm. Gordoune in Kennertie. Peats cast in the

Moss of Tulloch in the Parish of Keg. Cautioner Thomas Watsone, burgess of Abd.

171

Aberdeenshire Sheriff Court :

1611.

July 17. Loosings of Arrestments. Henry Annand of Orchertowne v. Patrick Ligert-

wood in the Bowrhills of Esselmont. Peats cast in "Moss Morgone." Cautioner
John Bruce at Milne of Esselmont.

George Baird in Corskye v. Wm. Cuik in Urinay [or Urmay]. Peats in the Moss
of Urinay [or Urmay] alias Coburtie were arrested. Cautioner Thomas Symsone,
burgess of Fraserburgh.

George Ewine in Corthibuck v. John Hendersone in Denstoune, Alexr. Huichonc
in Carnefeild and liectour Mallice in Grandhame, who were charged with resetting
" certane playdis and hardin." Cautioner Robert Stewart, burgess of Abd.

24. Alexr. Gordoune of Blelack v. John Forbes of New. Peats in the Moss of

Badachlcrache. Cautioner Thomas Esplein in Newbiging.

27. Alexr. Fraser of and Bogheids v. Alexr. Ramsay, John Ross, William

Findlay and James Findlay in Ardla. Peals between Ardla and Bogheids. Cautioner
Andrew Fraser of Tyrie.

Alexr. Annand, fiar of Auchterellone v . Alexr. Buchane in Dopmylne of Arnage,
Gilbert Watsone in Kirkhill and John Watsone there. Peats in the Mosses of the
Ililtoune. Cautioners Robert Paip, Advocate, David Aidie and Patrick Gray,
burgesses of Abd.

Augt. 3. Elizabeth Duvye, liferenler of the lands of Beildsyde and Mr. John Mortimer, her

husband v. Thomas Mengzes of Cultis. Cautioner James Mengzes, burgess of Abd.

8. William, Lord Keithe and his " Custumers, Bailzes and uther placemen of the
Burgh of Peitterheid " v. Mr. Robert Gordoun of Fechill and Dame Isobel Forbes,
" laydie Petlurg." What was arrested was " thair wictuall presentlie within ane bot
of James Smythe of Peitterheid within the port of the samen." Cautioner James
Schorit in Inverurie.

9. Normond Forbes of Brakay v. Alexr. Clark in Badachell. Cautioner Hector
Smythe, burgess of Abd.

Alexr. Middiltoune of Berryhillock v. Hew Hebrone in Berryhillock. Peats in
Moss of Mid Mundurnoch. Cautioner Robert Watsone in Mowrcor.

lo. Robert Skeyne in Ramoir v. Andrew Fowler in Lying. Cautioner George Fowler

in Drumnaheth.

Elspit Diwie, liferenter of the Peilsyde1 and Mr. John Mortimer, her husband v.
Wm. Fergus in Newtoune of Murthill and Andrew Craig in Lochtiesyde. Peats beside
the Skat Came. Cautioner Robert Forfar in Benzell.

Judicial Discharge. Charles Currie in Middill Disblair discharged Wm.
Fowllar in Cranboig of an obligation for 50 merks, while Fowllar and Katherine
Symsone, his wife, discharged Currie of such claims as they might have to the goods of
the late Christiane Symsone, who had been married to Currie.

I In the entry of 3 August called " Beildsyde."
172

Judicial Enactments: Vol. II., Contents

1611.

Augt. 17. Removing. This was a. consent to remove from the sunny half lands of Newrane,

in the parish of Kane, of which Alexr. Pantoune, burgess of Abd. was heritable
proprietor. Those who had been warned and now consented to remove were James
Gordoune, fiar of Newtoune, John Leithe, apparent of Ilarthill and a number of others.
Leithe and another reserved rights, which they alleged, to the sunny half of a croft
called Barrelldykis, founding upon a wadset granted by one Alexr. Senzour to Leithe.

Loosings of Arrestments. John Innes of Elrick v. George Bruce in Mekill
Elrick. Cautioners Wm. Sangster in the Fortrie and James Miln at the Mylne of
Cauldwallis. Peats in the Reid Moss of Elrick.

John Forbes in Tolliquhodie and Thomas Adame in Ardifork v. Alexr. Mairtaine
in Sonhoney and James Adame in Mylneholl. Cautioner Alexr. Andersone in
Bethlein.

Thomas Sime in Essilmonthe v. Margaret Broune, widow of Mr. Alexr. Bruce
in the Kirktoune of Slaines. Cautioner Wm. Bruce at the Mylne of Fortrie.

Francis, Earl of Erroll v. Andrew Trowpe in Auchmacoy. Cautioner John
Wobster in Dorbshill.

22. Removing. A consent by Patrick Leith in the Kirktoune of Rain to remove in

obedience to a warning by Alexr. Pantoune. \_Vide Supra, 17 August.]

30, Loosing of Arrestment. Alexr. Copland of Idoche v. Wm. Gordoune of
Buchanauchie. Cautioner Patrick Con of Auchry. Copland had arrested Gordoune's
crop.

Renunciation and Ratification. Elizabeth Keith and her husband, James
Allerdes in Middilmure renounced in favor of Alexr. Hay of Delgatie all rights which
they possessed over the lands of Mekill Artrochie, Middilmure and Tersethill. This
they did in terms of a Contract entered into on that day between themselves on the one
part and Hay of Delgatie and Isobcll Leslie his wife as principals, and Sir James
Balfour of Pettullo, knight, Alexr. Joffray, Baillie in Abd. and Thomas Hay in
Graystane as cautioners on the other part.

31. Loosings of Arrestments. Patrick Leithe of Licklieheid v. Win. Lindsay in
Bredfuird of Auchlevin. Cautioner Wm. Forbes, Younger, burgess of Abd. The
rent of the half of Mains of Licklieheid was claimed.

Margaret Inncs and Joseph Keylhe her husband v. Richard Robertsone in
Auchires. Cautioner Alexr. Movvat in Litill Creichie.

Sept. 2. James Keith of Kinnady and Alexr. Findlay " Milnart " in Kinnady v. John

Andersone in Easter Fintray and Wm. Melwing in Vaster Fintray. Cautioner for
Andersone, Archibald Beanes, Litster, burgess of Abd., and for Melwing the said John
Andersone.

James, Earl of Murray v. James Keith of Kinnady. Cautioner Patrick Gordoune
in Auchrynie.

173

Aberdeenshire Sheriff Court t

1611.

Sept. 4. Loosings of Arrestments. Charles Robertsone, burgess of Abd. v. Thomas

Davidsone, Notary Public. Cautioner Wallinteine Davidsone, indweller in Auld Abd.

The said Thomas Davidsone v. the said Charles Robertsone. Cautioner Charles
Chalmer sometime of Tillikiro.

6. George Currour of Dyce v. Mr. Thomas Melving, Minister of Dyce. Cautioner

David Kempt, Baxter, burgess of Abd. The peats cast by the Minister upon the
Kirktoune of Dyce were arrested.

Patrick Barclay of Towie and Michall Clark at Mill of Drumquhendill v. Thomas
Sewane in Cautioner Mr. John Cheyne of Arnage. Multures claimed.

Duncan Forbes of Byithe v. Andrew Ouhairnye in Quhyit Steane. Cautioner
James Irwing in Collairlie. The corn upon the part of Quhyit Steane called the
Quhyit Slack.

James Gayrdyne of Blakfuird v. Robert and James Thomsone in Beakkyehill.
Cautioner George Cruikschank, burgess of Abd.

9. Wm. Gordoune of Balquhannachie v. Alexr. Cowpland of Idoche. [Stipra, 30

August.] Cautioner Wm. Udnye of that Ilk. The corn growing upon the Hauches
of Balquhannachie.

11. Wm. Jaffrey at the Hill of Fuddes v. Wm. Auld in Auld Abd. Cautioner

Thomas Cumyng, citiner in Auld Abd. Wrongous intromission with two horses
claimed to belong to Jaffrey.

Gilbert Bumet of Carneurquhey v. John Burnet at the Mylne of Leget.
Cautioners Andrew Burnet in Toux and Wm. Thomsone in Petfour.

14. Andrew Keythe of Cairnetradlen v. George and David Bissatt in Cairnetradlen.

Cautioner John Chalmer, burgess of Abd.

17. Wm. Keir in Seytoune v. Wm. Lyntoune in Westfeild. Cautioner Henry Mowtray

in Westfeild.

19. George Leslie of that Ilk v. John Reid in Brownye and Wm. Reid, his son.
Cautioner Robert Burnat, burgess of Abd.

20. Henry, Lord of Sanct Come v. James Keithe of Kinadie. Cautioner Gilbert
Keithe of Auchireis.

21. Wm. Downye in Hiltoune v. James Smart, Meassone in Lumphanan. Cautioner
Andrew Gray, Meassone, burgess of Abd.

23. James, Earl of Murray v. John Foullartoune in Wester Fintray, Robert

Foullartoune there and Christiane Smyth, his wife. Cautioner Robert Keythe of
Ley luge.

25. John Davidsone at the Kirk of Fyvie v. Andrew Cumyng in Ardfork. Cautioner

Edward Reid, Skynner, burgess of Abet.

174

Judicial Enactments: VoL IL, Contents

1611.

Sept. 28. Loosing-s of Arrestments. Robert Mowat of Quarrellhill v. Magnus Mowat

at the Mylne of Colpie. Cautioner James Mowat in Smidiseat.

Alexr. Cumyng of Culler v. Alexr. George, Messenger at the Mylne of Collairlie,
Thomas Robert in the Wood of Drum, James Mowat in Dowaltye and Alexr. Smyth
in Beildsyid. Cautioner Mr. Win. Davidsone, son of the late Mr. Wm. Davidsone,
Advocate in Abd.

Octr. 4. Wm. Forbes of Logic v. Thomas Morisone in Auld Gowell. Cautioner James

Cassie in Quhystripis.

II. Wm. Watsone of Haddoche v. Win. Smyth in Milnehill. Cautioner Andrew

Nisbit at the Kirk of [? Crymond].

19. Margaret Banerman, widow of George Gordoune of Haddoche, v. Wm. Gib,

sometime in Ililbray then in Bethelnye. Cautioner Thomas Cumyng, citiner in Auld
Abd.

21. John Johnestoune of Caskieben v. Patrick Gray in Kirktoune of Dyce. Cautioner
Wm. Gordoune in Glen of Dyce.

22. Judicial Obligation — The Pot Fishings of Dee. John Huitchone, Laxfisher,
acknowledged himself to be due to David Andersone a barrell of "grilses salmond
fische." He also bound himself to pay to Andersone another barrell of " auld salmon
fische " as rent for the occupation for the fishing of 1612, of " ane hannat of the Pot on
the Water of Dee within the friedome of Abd." of which Andersone was liferenter.
Both barrells were to be delivered before Lammas, 1612, and failing delivery ^40 as
the liquidate price of each barrell was to be paid at " Latter Marie day thaireftir."

31. Loosings of Arrestments. Alexander Forbes in Easter Echt v. Andrew

Blakhall in Culquhorsye and Gilbert Low in Blakhillis. Cautioner John Kairnay,
burgess of Abd.

John Meldrum in Blakfuird v. John Watsone in Blakfuird, his father-in-law.
Cautioner David Hay in Bogheid of Fyvye. A more formal Act than usual, notarially
subscribed and witnessed by two notaries and four witnesses, Mr. Wm. Andersone,
the Sheriff Clerk, being one of the former.

Novr. I. Katherine Scherar and Robert Lumisdane, her husband v. John Stot in Boigheid,

John Watsone in Blakfuird and John Murdo in Burrelldaills. Cautioner Adam
Gordoune of Boghoall. The rents of Bogheids of Fyvie were claimed.

2. Andrew Symsone in Quhyithill of Frendraucht v. Walter Toux at the Mylne of

Auchnagat. Cautioner Andrew Browne, burgess of Abd.

9. John Watsone in Auld Govill v. Thomas Muresone in Middill Disblair. Cautioner

Wm. Lucas in Torryeleyth.

Alexr. Gordoune of Tilliskeythe v. Allaster Forbes in Culquhorrie. Cautioner
Thomas Espleine in Newbigging. " Peattis cassin in the Bonzeche."

175

Aberdeenshire Sheriff Court :

1611.

Novr. IT. Loosings of Arrestments. James Andersone in Tillichetlie v. George Forbes

in Tertowie. Cautioner George Forbes in Auchronye.

13. Peter, Bishop of Abd. z/. John Johnestoune in Mostoune. Cautioner Alexr.

Setoune, apparent of Petmedden.

Thomas Sym in Maynes of Essleinonth v. Thomas Catto in Bourhills of Essie-
month. Cautioner James Cheyne of Pennan.

18. Alexr. Gallavay in Standandsteanes r. David Gallavay there. Loosed of consent

without caution.

21. Renunciation and Ratification. Isobell Forbes, wife of James Donaldsone,

burgess of Abd., with consent of her husband renounced in favor of James Ogilbe at
the Mylne of Invcrbynnie and Margaret Ogilb2, his wife, all her rights of conjunct fee
and liferent in the " sone pleuche of the tonne and lands of Auchereis " in the barony
of " Addan " and teind sheaves thereof.

30. Removing. The Rigs and Tails. Alexr. Blak, Maltman, burgess of Abd.,

who was tenant under John Gibsone of certain of the " Riggis and Teillis " of land
beyond the loch of Old Abd., fully described in the entry, renounced his possession in
favor of Gibsone and his wife, Margaret Irving.

Deer. 2. Loosing of Arrestment. Robert Abercromby at the Mylne of Petmedden v.

George Leslie of Creichie. Cautioner Arthur Chalmer, burgess of Abd. The
arrestment was not the usual direct attachment of his effects in his own lands, but was
of rents due to Leslie by certain specified tenants of his lands of Mekill Warthill.

5. Removing. Robert Aikin in Fintray appeared and for the fulfilling of " ane

southe faithefull promeis" made by him on 20 January 16:1, renounced in favor of Mr.
Wm. Ray, the wadsetter of the lands, and of Wm. Melvell, his tenant, his possession
of eight oxengait of Wester Fintray described as having been sometime occupied by
John Gordoun, " sone to the guidmane of Carneborrow."

7. Loosings of Arrestments. George Kyng in Grandoune v. Alexr. Pantoune in

Behernye [? Beheruye]. Cautioner Wm. Spens in Mekill Tippertie.

10. James Gordoune of Lcsmoir r. Barbara Barkar, widow of John Blakhall in
Culforsie, and others. Cautioner Wm. Merser, burgess of Abd.

11. Elspet and Jeane Gordoune, daughters of the late Wm. Gordoune in Craighall v.
Elizabeth Gordoune, widow of Wm. Gordoune in Craighall. Cautioner Arthur Forbes
in Cowrthillis. The rents of Craighall were claimed from the widow.

20. Renunciation and Discharge. By this Act of Court Katherine Gordoune,

widow of Wm. Seytoune, Portioner of Sklaittie, with consent of Patrick Gardyne, her
husband, discharged an obligation [Supra 25 Octr. 1606, p. 94] by Mr. Wm. Seytoune,
her eldest son, as principal, and Berrald Innes in Old Abd. as cautioner to pay her
,£100 per annum. In lieu thereof she accepted an obligation by Patrick Leslye, burgess
of Abd. " now duelling at the Brig of Done " to pay her 100 merks per annum.

176

Judicial Enactments : Vol. H.t Contents

1611.
Deer. 28. Loosings of Arrestments. James Reid in New Mylne of Brux v. Alexr. Forbes

in Cairneday. Cautioner Thomas Watsoune, Portioner of Casteltoune of Durris.
1612.

Jany. 8. James Mylne at the Mylne of Cauldwalls v. Wm. Hutcheon in Cauldwalls.
Cautioner Robert Irving, Cowpar, burgess of Abd.

17. Thomas Bonner in Daskie v. John Michall in Towie. Cautioner George

Elphingstoune, Saidler, burgess of Abd.

27. James Burgess in Crabistoune v. David Sted in Newhills. Cautioner Andrew
Forbes, Litster, burgess of Abd.

30. Walter Innes of Auchmule v. Gilbert Burnet, sometime in Carnnorquhey.

Cautioner Wm. Keithe in Anden.

Febry. 4. Patrick Barclay, younger, of Towie z>. Alexr. Folia in Towie. Cautioner John

Cheyne of Arnage.

u. Discharge and Ratification. Alexander Gordoune of Kethakismyln and Isobell

Hervie, his wife, in consideration of £ 1000 paid by Thomas Gordoune of Grandhame,
declared that the lands of Carnfeild in the parish of St. Machar were redeemed from
them.

17. Loosings of Arrestments. George Gordoune of Terpersie, Wm. Smythe in

Auchlyne, John Glenny there, James Smythe there, John Fergus there, James Fergus
in Segiden, Patrick Thomesone there and Thomas Umphray there v. George Scherar
in Lerge. Cautioner Andrew Sangster in Cultercullane.

21. John Leslie of Buchuhyne and Andrew Leslie in the New Mylne of Knokcollie v.
Hectour Davidsone in Buithishauche. Cautioner John Wricht in Pettodrie.

Alexr. Cuming of Coulter v. David Lindsay " Tinctcr " in Abd. Cautioner Alexr.
Smythe, Cordiner in Abd.

22. Thomas Fraser in Falconnariscarne v. James Burnet, Mailman in Fraserburgh.
Cautioner Robert Burnet, burgess of Abd.

24. Judicial Obligation. Andrew Clark in Lethintie appeared and bound himself

to pay to Mr. Duncan Forbes of Balnagask 8 bolls of meal at " Midlentrin " and 8
bolls of malt at " Ruidday " in respect of his occupation of 4 oxengait of Lethintie,
crop 1611. Failing payment in kind the price was to be 8 merks per boll for the meal
and 10 merks per boll for the malt. The payment was to be credited by Balnagask
to a large quantity of victual due to him by James Forbes of Lethentie.

March 4. Loosings of Arrestments. John Caddell of Easter Megvie v. John Duncan,
Alexr. Smythe, Wm. Ronnald, Wm. Mortymer and George Coultis all in Easter
Megvie. The arresiees were cautioners for each other.

7. Alexr. Cuming of Culler v. John Gall, younger, in Culler. Caulioner Wm.

Murcour, burgess of Abd.

z 177

Aberdeenshire Sheriff Court:

1612.

March 10. Loosings of Arrestments. Robert Arthour in Carnebrogie v. Patrick Leask

and James Canzeoche both in Carnebrogie. Cautioner Alexr. Wischert, Tailor,
burgess of Abd. The arrestment was laid on by John Johnestoune, officer to Andrew
Fraser of Steaniewod.

II. Alshioner Quhyt in Ludquharne i'. David Ergo in Creichie. Cautioner Wm.
Annand in Skelmure. There was here a special arrestment of 100 merits in the hands
of Andrew Wodman in Smallburne.

13. Thomas Andersone in Pettullie and Mr. John Ogiluie, parson of Crowden v. Alexr.

Gaudie in Pettindrum. Cautioner James Fynnie in Pettullie.

18. John Leslie of Wardes r. George Leslie of Creichie and Alexr. Donald in Creichie.
Cautioner Alexr. Blakhall of that Ilk. John Leslie was claiming 200 merks from
George Leslie.

19. Alex. Chalmer of Cowburtie <'. Wm. Grig in Ower Buindie. Cautioner James
Forbes, elder, burgess of Abd.

28. Henry Mathowsone in Lachintillie 7>. Patrick Gray in Tirriwaill. Cautioner

Andrew Young, burgess of Abd.

Robert. Commendator of Monymusk v. Gilbert Broun in Camphell. Cautioners
Peter Irving in Carnebadie and John Straquhin in Foullis Mowat.

April 13. Judicial Obligation. Alexr. Blakhall, Maltman, burgess of Abd., James Brabncr,

burgess there, Wm. Blakhall, burgess there, Wm. Murcur, burgess there, Alexr. Mylne
at the Mylne of Ferihill, George Walker in Ferihill, Wm. and Alexr. Cooper there
and Wm. Smythe there all tenants of the lands and Mylne of Ferihill, bound themselves
to pay their rents to John Lichtoune and Wm. Duncane, burgesses, as heritable
wadsetters from Thomas Cheyne of Ranestoun, the proprietor.

15. Renunciation. Katharein Fraser, wife of Thomas Cheyne of Ranestoun

renounced all her rights in Ferihill and ratified the Contract of Wadset by her
husband to the above named John Lichtoune, here designed Skipper burgess, and
Wm. Duncane here designed Merchant burgess, dated 13 April.

18. Loosings of Arrestments. John Leslie, elder, burgess of Abd. v. James Ranie,

Tailor, burgess of Abd. Cautioner John Liddell, Cowper, burgess of Abd.

22. Robert Aikin in Waster Fintray v. James Keythe of Kinadie. Cautioner Wm.

Keythe of Auchrenie.

John Dilgardno at the Kirk of Reathin v. Alexr. Andersone in Auchireis.
Cautioner James Andersone in Corthiebray.

25. John Leslie, fiar of Balquhene v. Alexr. Ronaldsone in Craigmylne. Cautioner

Hectour Abircrombie of Wasthall.

May 2. Alexr. Gordonc of Rothmeis v. John Leythe of Harthill and his tenants of

Kirktoune of Rain and Luesk. Peats, etc., in the Moss of Rothmeis. Cautioner
Wm. Forbes, burgess of Abd.

I78

judicial Enactments : Vol. II., Contents

1612.

May 6. Guarantee. Magnus Mowat of Boquhollie v. Alexr. Hat in Yevvbray. Cautioner

John Gardyne, Citiner in Auld Abd.

Breach of Peace and Assault in a Church. Gilbert and Henry Bartlet were
charged with " the alledgit persute of Mackie with ane drawin suord upone

ane Sonday wilhin the Kirk of Kinkell and the alledgit wonding and hurting of George
Mylne in Brumend within the said Kirk the day foirsaid." Cautioner Wm. F'orbes of
Tolquhone.

16. Loosing of Arrestment. Wm. Stewart in Macklerrie v. Alexr. Watsone in

Steanehous of Gicht. Cautioner Robert Barclay, occupier of 8 oxengait of Meikil
Siggat.

26. Removing. Andrew Edmond and Andrew and Wm. Turner occupiers of

Horscruik in Belhelvie, agreed to remove in terms of warning by George Moresone,
burgess of Abd., the proprietor.

Judicial Ratification. Janet Straquhin, wife of Alexr. Gardyne of Banchorie,
ratified a contract of wadset by her husband to Gilbert Club, burgess of Abd., and Janet
Chrystie, his wife, of the lands of Banchorie.

29. Loosings of Arrestments. Win. Irving of Murthill v. Alexander Wat in the
Gaitsydc of Murthill. Cautioner James Wat in Mariculter.

30. John Leslie of Kearthine v. George Mortimer in Logiedurno. Cautioner Walter
Mitschell in Logiedurno.

George Leslie, Younger of Kincraigie v. John Barrie in Kincraigie and Thomas
Lasone in Creauche. Cautioner Patrick Calder, portioner of Doirseill.

Alexr. Fraser in Brotherfeild v. Gilbert Chalmer, burgess of Abd. Cautioner
Patrick Con, fiar of Auchry. Money in the hands of Robert Stewart of Counteswallis
was specially arrested .

James Ogilvie of Birnes v. John Rob in Dudweik. Cautioner Henry Lasone in
Artrochie.

June i. John Leslie of Kearthine v. Wm. Mortymer, elder, in Logiedurno. Cautioner
Wm. Mortymer in Logiedurno.

Wm. Watsone in Beltamoir v. John Suctour in Balnaglak. Cautioner Mr.
Wm. Reid, burgess of Abd.

John Fraser of Clintertie v. Andrew Chalmer in Clintertie. Cautioner Charles
Chalmer, sometime of Tillikerrie then in Abd.

James Gareoche of Kinstair v. John Petrie in Lytill Endowie. Cautioner Patrick
Calder, portioner of Doirseill.

179

Aberdeenshire Sheriff Court:

1612.

June 2. Discharge of a Wadset. Robert Melving, son and apparent heir of Mr.

Thomas Melving, Minister at Kindrume [Kildrummy] appeared and acknowledged
that he had received from Thomas Espleine in Newbiging, in name and on behalf of
Alexander, Lord Elphinstoune, 300 merks for the redemption of the " Kirktoune of
Kildrymie with thrie peicess of land within the bounds of Drumnahuif," which had
been wadset by his Lordship to his deceased father. Not being infeft, Robert Melving
bound himself to make up his title to his father and to the land before 10 November
next or, in case of his failure to do so, to repay the money.

Revocation of Deeds Granted in Minority. Patrick, Lord of Lindores,
appeared and, on the narrative that, acting on evil advice, he had " interdytit " himself
to William, Earl of Morton, and a number of other nobles and gentlemen, revoked the
" Band of Interdictioune " and other deeds which he had granted to his hurt and
prejudice.

Judicial Ratification. Marjorie Cheyne, wife of John Leslie of Petcapill,
appeared and ratified a contract made between her husband with her consent, and
Alexr. Leslie of Auchquhorsk and Mr. Wm. Chalmer of Waster Disblair as Cautioners
on the one part, and Archibald Beanis, alias Nicolsoune, Litster, burgess of Abd., on
the other part. The contract (probably of wadset) concerned the alienation of Nether-
toune of Cremound extending to four ploughs, and in warrandice of these, the lands of
Scheillboige, Bomakendell, Ordihair and Ouirhill in Monkeigie. The contract was
signed at Fetcapill in Septr. previously.

4. Loosing of Arrestment. Adam Fraser of Finauche v. James Smythe in

Kincraigie. Cautioner George Leslie of Kincraigie.

Renunciation of Tenancy. Bessie Hatter, widow of Wm. Knox in Auchnagat,
renounced in favour of Alexr. Straquhin of Glenkyndie her occupation of the shadow
half of the Milnetoune of Auchnagat.

Loosings of Arrestments. John Leslie of Wardes v. Robert Reid in Waist-
hauche. Cautioner George Elphinstoune, burgess of Abd.

6. Walter Ord of Ord v. Andrew Touche in Feddie and Thomas Norie there.

Cautioner John Woid in Mylnebuye. Rent crop 1611 was claimed.

8. Dismembration. Thomas Davidsone in Middil Disblair and Andrew Davidsone

in Waster Disblair were charged with the " ere well & unmercifull dismembring of
Williame Leythe sumtyme in Suttitoune of his richt gardie " [arm] "and lege."
Cautioner William Setoun of Eister Disblair.

10. Loosing of Arrestment. John Leslie of Wardes v. Wm. Clerk in Kemmells.
Cautioner John Makisoune, burgess of Inverurie.

11. Removing. Patrick Andersone, sometime in Rothmeis then in Bonytoune,
Thomas Andersone and Robert Meanie both sometime in Rothmeis and then in
Newtoun of Culsalmond, consented to remove from their occupations of " the tua pairt
landis of Rothmeis " in Rane in favor of Alexr. Gordoune of Rothmeis, to whom the
warnings of his tenants had been assigned by James Stewart, sometime heritable
proprietor of the subjects.

180

Judicial Enactments: Vol. IL, Contents

1612.

June n. Mutual Discharge. Wm. Gordoun, burgess of Abd., and Alexr. Gordone of

Suaillend appeared in Court to settle up some outstanding disputes. It appeared that
George Gordoune of Tulloche, who was the father of Alexr. Gordone of Suaillend,
had intromitted with the estate and rents of the late John Gordoune of Brundie or
Bruinie, who was the father of Wm. Gordoun. For a settlement Alexr. paid 300
merks to William and both cried quits. Harie Gordoune of Dilspro, Mr. Robert Paip,
Advocate, and Mr. Wm. Andersone, Sheriff Clerk, who had been mixed up with the
dispute as cautioners, were also discharged.

Discharge and Ratification. In consideration of 2000 merks paid to him,
Alexr. Gordone of Suaillend appeared in Court to discharge in favor of John
Gordoune of Lentusche a wadset over the lands of Lentusche in the Parish of Rane.
Thereafter and outwith her husband's presence, Helene Hoig, Alexr. Gordoune's wife,
renounced her rights, and ratified the discharge.

19. Loosings of Arrestments. Alexr. Buchane at the Doip Mylne of Arnage v.
Wm. Hutcheone in Carnedailie. Cautioner Robert Irving, Cowper, burgess of Abd.

20. Wm. Irving of Murthill v. Alexr. Wat in Gaitsyde of Murthill. Cautioner Wm.
Fergussone in Newtoune of Murthill.

24. Child Murder or Abortion. Alexr. Fraser in Fraserisburgh was under
accusation for "the alledgit slauchter of tua bairnis in the womb of Isobell Watt,
spous to Andrew Jaksone, Caidger." Cautioner for his appearance, Andrew
Sandersone, burgess of Fraserisburgh, who however protested that his becoming
cautioner should not be prejudicial to the " Regalitie of the said Burgh."

25. Dismembration. Wm. Ray, younger, son of Wm. Ray in Toux was charged
with the dismembration of Wm. Leythe. His father was cautioner for his appearance
upon 31 July.

27. Loosings of Arrestments. John Dickie, Segster at the Kirk of Deir v. Marjorie

Knox, widow of Patrick Tuiring at the Kirk of Deir. Cautioner Patrick Cruikschank
in Ardiffrie.

Janet Liddinghame, widow of Win. Watsoune, sometime in Auchinhuif v. Wm.
Forseythe, burgess of Abd. Cautioner Andrew Home, burgess of Abd. Forseythe
was alleged to have been due 200 merks to the deceased.

July I. Wm. Gordoune, lawful son of the late George Gordoune, sometime of

Chappeltoune, with consent of John Gordoune of Petlurge and James Gordoune,
fiar of Newtoune, his curators v. Elizabeth Hay, widow of George Meldrum in
Cuschnie. Cautioner John Meldrum in Bray of Fischerie.

George Meldrum of Haltoune v. the said Elizabeth Hay. Cautioner the said John
Meldrum.

3. Alexr. Crowdane in Kinglasser v. Thomas and James Birnie in Kinglasser.

Cautioner David Birnie, Wobster and Frieman in Abd.

181

Aberdeenshire Sheriff Court t

1612.

July 4. Loosings of Arrestraents. John Knox of that Ilk v. Andrew Clerk, sometime

in New Knox, then at the Kirk of Deir. Cautioner Wm. Keythe in Adane.

Archibald Keythe, heritable proprietor of a plough of the lands of Kellie v. Andrew
Johnnstoune in Kellie. Cautioner Sir Win. Keythe of Ludquharne. Claim for rent
crop 1611.

7. David Duncane in v. Thomas Small in Kintore. Cautioner Wm. Forbes

of Tolquhone.

9. Alexr. Keithe in Kintoir and Agnes Cokie, his wife v. John Knicht in

Ilcdderweik. Cautioner Arthur Chalmer, burgess of Abd.

Renunciation of Tenancy. Andrew Craik in the Auldtoune of Aucheireis
renounced his occupation of the sunny plough of the shadow half of Aucheireis in
Raithen in favor of Gilbert Keythe of Aucheireis.

ii. Loosing of Arrestment. Alexr. Cuming of Culter and Gilbert Ronaldsone in

Carnie v. Wm. Jerret in Cloighill. Cautioner Patrick Donaldsone, burgess of Abd.

15. Assault— Blood-drawing. Peter Woidman in Adane was charged with the

" wrangous crewell & unmercifull dinging striking & bluid drawing of Isobel Leask,
widow of fohn Kaidger." Cautioner Wm. Woidman in Netherauchill.

17. Loosings of Arrestments. Andrew Gray in Peterheid v. Nathaniel Kethe of
Lytill Cocklaw and his tenants of Invernettie and Lytill Cocklaw. Cautioner Robert
Keythe of Turrituthill. Peats in the Moss of Quhythill.

1 8. James Leslie in [? of] Ryhill v. Wm. Smythe in Ryhill, Wm. Clark there, John
Neische in Ardone, Henry Kennauchie there & Thomas Lyall in Haltoune of Ardone.
Cautioner Wm. Leslie at the Mylne of Buchanstoune.

25. Patrick Bannerman of Bomakessic v. Andrew Ross in Fechill and John Steinsone

there, who were cautioners for each other. Peats in the Moss of Pounotar.

28. Gilbert Johnstoune of Peteismylne v. John Watsone in Ilalkhillok. Cautioner
Thomas Moresone in Auld Govell.

29. Nicolas Wardlaw, Lady Bonitoun and George Gordoun of Gicht v. Gilbert
Tailzeour in Middilmurie. Cautioner George Bruce, Saidler, burgess of Abd.

James Findlay in Newburgh, as assignee of Margaret Waus v. Wm. Stewin in
Pottertoun. Arrestment loosed of consent.

Aug. i. George Middiltoune at the Mylne of Auchtercoull v. James Gordoune of Bogaertie.

Cautioner James Gordoun of Pronie.

4. The Earl of Murray and Gilbert Baird of Auchmedden v. John Forbes of

Petnacaddell. Cautioner James Forbes, Mariner, burgess of Abd. Dispute about
the Commonly of Glencuthill and Auchmedden.

182

Judicial Enactments: Vol. IL, Contents

1612.

Aug. 7. Loosing of Arrestment. Helene Leythe, widow of Mr. George Leythe, son

of John Leythe of Harthill v. Andrew Andersone, sometime in Thriefeild of Bonytoun
[now Freefield] then in Meikill Durnocht. Cautioner Thomas Leslie in Meikill
Durnocht.

Manslaughter. John Kowie in Strechin was accused of the slaughter of Andrew
Logic, son of the late John Logic in Strechin. Cautioner David Meluing, servitor to
Wm. Forbes of Tolquhone.

ii. Loosing of Arrestment. Alex. Dewny in Marivall [Marywell] v. John Evin in

Beltcraigis. Cautioner Patrick Gordoune of Birsmoir.

Assault. Alexr. Chopman in New Watterecht was accused of the " dinging &
striking" of Thomas Wastland, Begger in Echt." Alexr. Smyth at the Kirk of Echt
was cautioner for his appearance to be tried on " Micheall Ewin."

14. Loosings of Arrestments. Adam Gordoun of Glenbuchet z>. Sir Alexr. Fraser
of Fraserisburgh, knight. Cautioner Robert Steuart of Invernorthe. "The cornis
sawin be the said Sir Alexr. upone ane pairt callit the Gaschefauldis and Gaschemoss."

15. Alexr. Skeine of Colquhorsie v. Alexr. Collie in the Maines of Eacht. Cautioner
Andrew Strauchin in the Maines of Eacht. Claim for rent as specified in the entry.

Alexr. Gordoune of Rothmeis v. Patrick Andersone, sometime in Rothmeis, then
in Bonytoune. Cautioner Andrew Andersone in Bonytoune. Claim for rent.

17. Alexr. Straquhin of Glenkyndie v. Thomas Simsone sometime in Auchnagat, then

in Carnenadaillie. Cautioner Hectour Davidsone of Baithishauche. Claim for rent.

Peter, Bishop of Abd., the Provost, &c., of the Burgh of Abd., and George
Gardyne in Blairtoun v. Mr. Robert Gardyne of Blairtoun and Isobell Stewart, his
mother. Cautioner Mr. Alex. Gardyne, Bailie Depute of the " Bischoprick " of Abd.
Peats cast upon a piece of land called the " Deanis Loche."

19. Hectour Davidsone of Beithishauche z>. James Watt at the Mylne of Glaschaw.
Cautioner John Leslie of Kearthine.

20. Robert Steuart of Countiswalls v. Robert Thomsone in Ord. Cautioner Alexr.
Manie in Ouircantley. The claim was the rent of the " Mylne & Mylne croft of
Brotherfeidill " [Brotherfield].

The Provost, Bailies, £c., of Kintoir v. Wm. Mackie and John Chalmer in
Tofthills. Cautioner Leonard Leslie, burgess of Abd. A dispute about a part of
Tofthills called the " Nether Dauche of Kintoir."

24. Dismembration. The Crown and Wm. Leithe in Straloche v. Andrew Simmer

in Easter Disblair. Cautioner Robert Beverley in Monycabok. There was an arrest-
ment here apparently upon the dependence of an action by Leith in the Court of
Session.

Aberdeenshire Sheriff Court:

1612.

Aug. 26. Loosings of Arrestments. John Hill in Kintoir v. Donald Andersone in

Kintoir. Cautioner David Andersone, burgess of Kintoir.

27. Wm. Forbes of Logic v. Thomas Moresone in Auld Gowill. Cautioner Wm.
Gordoune in Glen of Dyce. Dispute about ground on the west side of Auld Gowill
and upon the east side of Logie [Fintray].

28. Wm. Leilhe in Straloche v. Andrew Davidsone in Waster Disblair. Cautioner
Thomas Davidsone in Middill Disblair.

29. Thomas Frascr of Strechin v. Thomas Forrest in Auchintum. Cautioners Wm.
Craigheid, burgess of Abd. and Duncane Forrest in [?] Sacanruiff. Claim for the rent
of land and the Walkmylne of Strechin.

John Forbes, fiar of Polflug z: Andrew Blakhall in Colquhorsie. Cautioner Wm.
Murcour, burgess of Abd. Corns sown upon the lands of Knokquharne.

Septr. 2. Alexr. Fraser in Brotherfeild v. Robert Thomsone in Ord. Cautioner Alexr.

Rait in Kearnetoune of Kennertie.

Alexr. Irving, fiar of Lenturk v. George Leslie, fiar of Kincraigie, and his tenants
of Tillhnair. Cautioner Patrick Leslie of Kincraigie. This dispute concerned " ane
peice mure callit the Balintorie one the wast syid of the waird of Lenturk & cornc
landis thairof & on the eist syid of the landis of Tillimair."

3. Gilbert Blakhall in Colquhorsie v. John Tailzeour in Litill Finersie, Cautioner
Henry Forbes, burgess of Abd. The rent of " ane grass hous" was claimed.

4. Dismembration. Wm. Leithe in Straloche v. Thomas Crocat in Baddindauche.
Cautioner James Johnestoune of Baddindauche.

7. Loosings of Arrestments. James Grant of Inverernane v. George Forbes in
Skelliter and John McCadgyll there. Cautioner George Elphinstoune, saidler, burgess
of Abd. Corn sown upon ground called Dalgrcigie.

8. Wm. Forbes of Tolquhone and John Forbes of Petnacaddell v. Gilbert Baird of
Auchmedden and John Cowie in Lemmes. Cautioner Thomas Cowie, younger,
burgess of Abd. A boundary dispute.

12. Alexr. Strauchin of Glenkindie v. Bessie Haltar in the Maincs of Sauock.

Cautioner Thomas Merscr, Notary Public in Abd.

Alexr. Cuming of Coulter v. RoLert Broune in Schedokislcy. Cautioner Thomas
Forbes, burgess of Abd. A claim for damage to farm buildings on Lasts.

Wm. Sym in Middill Disblair v. John Gardyne in Eister Disblair. Cautioner
George Gardyne in Colquhorsie.

Martin Howesone and Thomas Forbes, burgesses of Abd. v. Robert Forfar in
Binzell. Cautioner Patrick P'orbes, fiar of Lethintie. Corn sown near " the Kcarne"
of Binzell and about the " Standing Steanis."

184

Judicial Enactments: Vol. IL, Contents

1612.

Septr. 12. Loosings of Arrestments. Alcxr. Abcrcrombie of Birkenbog z>. Andrew Sy

in New Rain. Cautioner Wm. Forbes, burgess of Abd.

14. Peter Maitland, burgess of Abd. v. David Aidie, burgess of Abd. Cautioner

John Mylne, Cowper, burgess of Abd.

1 8. Alexr. Stewin in Broikhoillis v. Alexr. Straquhin in Windiehillis. Cautioner
Robert Hoig of Gellanc.

Removing. Wm. Paull, alias Burnet, in Skletie consented to remove from four
oxengait of Skletie belonging to John Gordoune of Crabistoun.

19. Loosings of Arrestments. John Erskyne of Balhaggartie :>. Alexr. Straquhin
of Glenkyndie. Cautioner Mr. Duncan Forbes of Bannagask. A dispute about the
Bakmoss of Auchnagat.

26. Martin Howisone and Thomas Forbes, burgesses of Abd. v. John Tailzcour in

Robertstoune. Cautioner Richard Trowpe in the Maines of Coulter.

30. George and Gilbert Blakhall, lawful sons of Alexr. Blakhall of that Ilk, and their
father as their tutor, v. Thomas Duncane in Auldtoun of Knokinblewis. Cautioner
John Mackiesone, burgess of Inverurie.

Octr. 2. Patrick, Earl of Kingornc, Lord Lyone and Glamis v. Robert Joss in Leuchlandis.

Cautioner Alexr. Annand of Ochterellone.

5. The Earl of Kingorne v. Walter Paull in Mondurno. Cautioner Alexr. Blak,

Maltman, burgess of Aberdeen.

7. Henry Gibsone, servitor to George, Marquis of Iluntlic v. John Smythe in

Quhythill. Cautioner John Gordoune of Auchanauchie. The rent of four oxengait of
Quhythill was claimed.

12. Assault— Blood- Drawing. The Procurator Fiscal v. Thomas Smythe in Baddin-

dauche, who was charged with having assaulted Arthur Galloway in Lauchintillie.
Cautioner James Johnestoune of Baddindauche.

23. Loosings of Arrestments. James Forbes of Lethintie v. George Moir in

Lethintie, George Blakhall there, Andrew Clerk there, Thomas Alschioner there,
Alexr. Glennie at the Mylne of Lethintie, Wm. Johnestoune in Auchinclciche and
John Forbes in Lethintie. Cautioner Patrick Forbes, Fiar of Lethintie.

29. Duncan Andersone at the Mylne of Echt v. Alexr. Donaldsone in Kynnernie.

Cautioner Patrick Donaldsone, burgess of Abd.

31. Alexr. Blair, Tailzeour, burgess of Abd. v. Robert Forbes in Auchrenic.
Cautioner James Jamesone in Meikill Clintertie.

Novr. 2. John Richie, son of Bartholl Richie in Quhythill of Invernettie and Wm. Keillo

in Boddume v. Marjorie Kellie, widow of Wm. Kay in Aidie. Cautioner James Ewin
in Slains.
AA 185

Aberdeenshire Sheriff Court:

1612.

Novr. 3. Loosings of Arrestments. James Low in Kemnay v. Wm. Andersone in

Fowlertoune. Cautioner Adam Watt in Auchquhortheis.

The Procurator Fiscal v. Robert Kintor, burgess of Abd. Cautioner George
Elphinstoune, burgess of Abd.

5. John Leslie of Balquhene r. John Davidsone, elder in Inneramsay. Cautioner

John Davidsone there.

II. John Gordoune of Lentusche v. George Blak in Nethertoun of Knokinglewis.

Cautioner Alexr. Gordoune of Scheilgreine.

Alexr. Donaldsonc in Knokincroy v. Robert Donaldsone in Invernettie. Cautioner
George Elphinstoune, Saidler, burgess of Abd.

Alexr. Blair, Tailzeour, burgess of Abd. as assignee of John Gray in Tartowic v .
Robert Forbes in Auchrenic. Cautioner Mr. Duncan Forbes of Balnagaisk.

13. John Gordoune of Lentusche r. James Sengzeour in Balquhene. Cautioner
Thomas Moir at the Mylne of Enramsay. A sum in the hands of Alexr. Melving in
Balquhene was specially arrested.

Wm. Sectour in Dilquhuid v. Wm. Fraser, lawful son of Thomas Eraser of Durris.
Cautioner Wm. Irving of Beltie.

Murder. The Procurator Fiscal v. Andrew Gray in Perkhill of Kemnay and
Cristiane Gray his wife, who were charged with the murder of one Elspet Johnstoune.
For their appearance before the Sheriff for trial on I Deer., and for the loosing of an
arrestment, John Skene, burgess of Abd. was cautioner.

14. Loosings of Arrestments. Mr. Wm. Ray v. Wm. Forbes in Tartowie.
Cautioner Mr. Andrew Leslie, lawful son of the late John Leslie sometime of Boigis.
A sum of ^99 was arrested in the hands of John Bisset of Peltichie and

widow of Thomas Glennie at Scottismylne.

Patrick Gordoune of Nethermure v. Robert Sinclair in Auchnagatt. Cautioner
Alexr. Straquhin of Glenkyndie.

John Gray at the Mylne of Leask v. Patrick Snell at the Mylne of Collestoun.
Cautioner Andrew Snell there.

Blood-drawing and Mutilation. The Procurator Fiscal & Wm. Andersone in
Kinglasser [the injured party] v. Troyalus Knight in Kinglasser. For Knight's
appearance on 27 November and for loosing of arrestment, James Dalgardnoch in
Aucheires and Cuthberd Fraser in Kinboig were cautioners.

18. Loosing of Arrestment. George Currour, sometime of Dyce v. Bartholl Leslie.

Cautioner George Dalgardnoch in Ardmurdo. The Multures of the Mylne of
Femieweill were claimed.

186

Judicial Enactments: Vol. II., Contents

1612.

Novr. 1 8. Renunciation. Elspet Dumbreck wife of Henry Annand, sometime of Orcher-

toun, renounced whatever rights she had to " Orchertoune, Smydie croft and Dowcat
of the samen" as principal lands, and to the lands of Ulaw as warrandice lands, to and
in favor of Arthur Setoune, burgess of Abd. in liferent and George Setoune of Schethyne
and his heirs male, etc., in fee.

19. Loosing' of Arrestment. Wm. Clerk in Langschawbray v. Wm. Cruikschank
in Bilbo. Cautioner Robert. Demptster of Cuschnie.

20. Lawborrows. Robert Bauerlay in Monycabak and Gilbert Corthanes in
Boddumes v. Alexr. Johnestoune in Mameulauch. Cautioner Gilbert Johnestoune
in Bonakettill.

21. Loosings of Arrestments. Wm. Andersone in Kinglasser v. Alexr. Crowden
in Kinglasser. Cautioner Alexr. Fraser, Portioner of Memsie.

Deer. 5. Sir Wm. Keyth of Ludquharne, Knight, v. Helen Adamsone in Fercok.

Cautioners Alexr. Mowat in Lytill Creichie of Deir and James Donaldsone in
Percok.

II. Margaret Mclntoische and Wm. Sutherland of Duffus, her husband v. Margaret

Skeine, widow of Wm. Forbes of Pettalachie. Cautioner John Forbes of Camphell.
The whole " maills fermes keanis customes dewiteis and dew fermes " of Pettelachie,
Knoksoull, Kairnemuir, Boigstoun, Boig and Messonis Croft.

15. Thomas Wilken in the Lyne v. Wm. Farquhar in Petmuckstoune. Cautioner Mr.
James Keithe there. Farquhar's coat containing two ells of " grayis " had been
arrested in the hands of Wm. Cowpar, Tailzeour in Ferriehill.

Robert Stewart of Countesswallis v. Thomas Fraser there. Cautioner Alexr.
Smylhe, Cordoner, burgess of Abd. This Act was discharged by a marking on the
margin dated 30 July, 1614.

16. Patrick Walker, Merchand in Tarves v. Robert Johnstoun in Tarves. Cautioner
Andrew Howatt, burgess of Abd.

18. Alexr. Cuming of Culter v. Robert Stewart of Countesswallis. Cautioner Francis
Keyth, son of John Keyth of Northfeild.

19. John Reithe in Tillimad v. Thomas Andersone in Toddelhills. Cautioner John
Simsone in Cauldwallis et e contra.

Alexr. Cheyne of Cauldwallis v. Thomas Andersone in Toddelhills. Cautioner
John Simsone in Cauldwallis.

22. Warranty of Title. Robert Cowtis in Colquhonie having sold four cows to
Wm. Andersone in Finnalost, James Gell in Belnabodache, Patrick Andersone at the
Kirk of Invernochtie, Thomas Hay in Bellibeg and Elspet Grassiche in Tullochaspak,
now warranted them at all hands and specially against claims at the instance of John
Stewin in Warthill of Lumphannand.

187

Aberdeenshire Sheriff Court:

1612.

Deer. 23. Loosings of Arrestments. Dav'd Kempt, Baxter, and Andrew Watsone,

Wricht, burgesses of Abd. v. Thomas Thomsone, burgess of Abd. Cautioner John
Cruikschank, burgess of Abd.

Robert Low in Cottoune of Gicht v. George Murray in Boigheids of Fywie.
Cautioner George Kar, Younger of Benvellis.

28. Judicial Obligation. James Hervie, eldest son of Andrew Hervie of Elrik and

Wm. Andersone in Boighoill and George Forbes in the Hill of Drumnagar, his tenants,
bound themselves to deliver certain victual to Mr. Wm. Moir, burgess of Abd. at his
house there between the feasts of Yuill & Candilmes, 1613.

31. Loosings of Arrestments. Peter, Bishop of Aberdeen v. Lucras [Lucretia]

Mowtray, widow of John Leyth of Edingerrak and Wm. Andersone, sometime in
Boighoill then in Elrik. Cautioner James Hervie of Elrik. Rents of Boighoill were
claimed.

James, Earl of Murray v. Wm. & James Symmers and Thomas Rob all in
Haltoune of Fintray. The parties were cautioners for each other. A claim for
rents.
1613.

Jany. I. Wm. Keyth in Adane, natural son of the late Alexr. Keyth of Karnes a. Wm.

Fywie and Elspet Nicoll in Altrie. Cautioner Gilbert Gordoun, burgess of Abd.

2. Margaret Gardyne, widow of Wm. Stewart of Cowsteanis and wife of Mr. Robert

Udnie of Tillicorthie v. Thomas Thomsone, Thomas Clerk & Wm. Woid all in
Cowsteanis, who were cautioners for each other,

7. John Gordoun of Lentusche, Sheriff depute of Abd. v. Thomas Muir at the

Chappell of Gareoche. Cautioner James Senzeour in Balquhene.

13. Dame Jeillis Grame, Countes of Angous v. Marioun Kellie, widow of John Kellie
in Auchquhythie. Cautioner John Andersone in Fowlertoun of Thainstoun.

Reset of Theft. John Gordoun of Lentusche, Sheriff depute v. Alexander
Slewin and John Stewin in Inverourie, who were charged with being " alledgit airt
pairt counsell & recepting from Thomas Boner of certane stowin fangis."

14, Loosings of Arrestments. Gilbert Keyth of Auchcires v. Alexr. Andersone
there. Cautioner James Andersone in Corthiebray.

1 6. James Gardyne of Blakfuird v. John Watsone in Smiddieburne. Cautioner Henry
Kemptie at the Mylne of Gourdes.

Margaret Gardyne, widow of Wm. Stewart of Cowsteanis and Mr. Robert Udnie
of Tillicorthie, her husband v. Andrew Cuming & Alexr. Porter in Garlhie, who were
cautioners for each other.

21. Alexr. Leslie, Portioner of Auquhorsk v, Thomas Clerk in Cowsteanis. Cautioner

Thomas Smyth in Baddindauche. Apparently a claim for rent.

188

Judicial Enactments : Vol. II., Contents
1613.

Jany. 23. Loosings of Arrestments. Allaster Andersone in Rippachie v. Thomas Burnet,

lawful son of Thomas Burnet of Ennettis. Cautioner James Gordoun, burgess of Abd.
The corn on the lands of Tronic.

Margaret Bartlat, widow of James Wobster, sometime in Tilliry and James
Connand in Tilliewe v. John Cowper in Pettimuk. Cautioner Alexr. Cowper in
Hill of Fiddes.

John Stewin in Wodsyid v. William Clerk in Nether Lainschaw. Cautioner
Andrew Home, younger, burgess of Abd.

James Pcttindreiche v. Thomas Cocker at the Mylne of Knoklcyth. Cautioner
John Demptster of Knokleyth.

29. Robert, Walter, Nicoll, David and Bessie Bauerlay and James Connand in Tilliew,
husband of Bessie Bauerlay v . Alexr. Young in Monycabak. Cautioner Thomas Cargill
in Boddumes.

30. John Leslie of Pelcapill v. Andrew Archibauld at the Mylne of Warlhill.
Cautioner Robert Abircrombie at the Mylne of Petmedden.

Feby. 5. Patrick Allane in Fraserisburgh v. John Greig there. Cautioner Robert Stewart

in Invernorthe.

6. John Gordoun of Awachie v. Andrew Crichtoun in Tempill Land of Auchterlcs.

Cautioner Mr. Robert Maitland, Persone of Auchterles.

Removing'. Majorie Midlar, widow of Win. Davidsone in Raneistoune, and
Henry Ligertwoid there consented to remove from their holdings under Thomas Cheyne
of Raneistoune at Whitsunday following.

II. Acknowledgment of Debt. James Irving in Beildsyid acknowledged himself

to be due to Mr. Gilbert Gray, " Principall of the College of New Abd." 4 bolls beir,
10 firlots meill and a lamb for rent.

13. Renunciation. Margaret Gardyne, widow of Wm. Stewart, sometime of

Settoune, and wife of Mr. Robert Udnie of Tillicorthie, renounced in favor of Sir
Robert Keythe of Benholmc, Knight, all right she might have to the " toune and
landis of Settoun Bruntrigis Siefeild and Cunniger thairof the Waird callit Bischopis
waird and Sanct Machares insche stok or teyned scheawis thairof or in and to ane
half nettis Sahnond fisching one the waiter of Done aboue and beneth the brig of the
samen hauldin of the Bischop of Abd. "

1 6. Renunciation and Discharge. By this act Arthur Forbes in Balfour declared

to be redeemed by Alexr. Straquhin of Glenkyndie, "ane pleuche of the Mains of
Glenkyndie." The wadset of the land had originally been made by Wm. Straquhin,
the grandfather of Alexander, to Duncan Forbes of Balfour, the father of Arthur.

20. Loosing of Arrestment. John Symsone at the Mylne of Skletic r. Andrew

Torrie in Auld Abd. Cautioner Andrew Matthowsone, Fermorar, indweller in Abd.

189

Aberdeenshire Sheriff Court:

1613.

Feby. 24. Loosing of Arrestment. Wm. Udnie in Auchloune v. John Mylne in Auld

Abd. Cautioner Mr. Wm. Chalmers of Waster Disblair.

27. Theft. Mr. Wm. Barclay, Procurator Fiscal v. John Tailzeour in Crabistoun.

Cautioner George Keythe, Saidler, burgess of Abd.

March 3. Loosing of Arrestment. Arthur Seltoune of Orchertoun v. Gilbert Annand,

burgess of Abd. Cautioner Win. Blakhall, Mailman, burgess of Abd. There had
heen arrested 15 bolls " gryt aittis cheriteit."

n. Caution to Appear. The Crown v. Andrew Davidsone in Waster Disblair, for

whose appearance on 15 days warning "for sic criminall factis as sail be laid to his
chairge " and for the loosing of an arrestment, Mr. Wm. Chalmer, portioner of Waster
Disblair, was cautioner.

19. Loosings of Arrestments. James Forbes of Lethinlie v. James Brabner,

Maltman, burgess of Abd. Cautioner Peter Merschall, Mailman, burgess there.

22. Thomas Robertsone in Ihe Wod of Drum, Alexr. Smyth in Beildsyd, James Mowat

in Dowaltie and Alexr. George, Messenger, v. Robert Irving, Cowper, burgess of
Abd. Cautioner George Scot, burgess there.

24. Renunciation. Isobel Gordoune, lawful daughter of John Gordoune of New-

toune, and wife of George Gordoune, fiar of Beldornie, renounced in favor of the said
John Gordoune and Margaret Udnie, his wife, in conjunct fee and the longest liver and
to his heirs, whom failing to Janet Gordoune, the said John's daughter, parts of the
lands of Monycabak.

26. Removing. Robert Thomsone at the Mylne of Ord bound himself to remove at

Whitsunday in favor of Andrew Burnet in Ord, who was principal tacksman thereof.

27. Renunciation. This act was made by Isobell Guthrie, widow of John Leslie,

younger, Citiner in Brechin, and Cristiane Leslie, his only daughter and heir, with
consent of Wm. Leslie in Auld Leslie, her husband, in favor of John Udnie in Ower
Petforthe. The Renunciation was granted in terms of a contract between these parties
and others, dated 9 and 12 March, and related to a number of properties fully described
in the " Citie " of Brechin. Among the parties to the contract were Patrick Leslie of
Kincragie, George Leslie, fiar thereof, John Leslie son of Patrick Leslie, George
Barroun of Kinard and Mr. James Guthrie, Minister at Urquhart.

Renunciation. The said Isobell Guthrie and Cristiane Leslie, with consent of
the said Wm. Leslie, in favor of David Carnegie of Cuikstoune. This entry also refers
to subjects in Brechin fully described.

29. Loosings of Arrestments. Robert Thomsone at the Mylne of Ord v. Alexr.

Fraser in Brotherfeild. Cautioners John Wallace in Beildsyd and John Hendersone in
Schethokisley.

Thomas Robertsone in the Woid of Drum, Alexr. Smyth in Beildsyd, James
Mowat in Dowaltie and Alexr. George in Collairlie v. Gilbert Stewin, burgess of Abd.
Cautioner David Aidie, burgess there.

190

Judicial Enactments: Vol. H, Contents

1613.

March 31. Loosing of Arrestment. Walter Orel, servitor to George, Earl Merschell, v.

Thomas Norie and Andrew Touche in Feddie. Cautioner John Woid in Mylneboy.
A claim for rents.

April 3. Removing. Robert Broun at the Mylne of Ranestoun bound himself to remove

therefrom at Whitsunday.

Removing. John Leslie in Kintoir bound himself, in obedience to a Decree of
the Court of Session, dated 10 July, 1612, and of letters of horning at the instance of
Mr. Gilbert Gray, principal and common procurator of the New College of Abd. and
remanent members of the said College, to remove at Whitsunday from 8 roods in the
town of Kintoir " perteining of auld to the freiris of the said burgh of Abd. and now to
the said College." The roods are fully described in the entry.

7. Loosing of Arrestment. James Brabner, Maltman, burgess of Abd. v. Andrew
Donald in Conglass. Cautioner John Donald in Portstoune.

8. Curatory ad Litem. The Sheriff depute appointed Mr. Robert Paip, Advocate,
Tutor ad litem to George Johnestoune of that Ilk for the purpose of sueing out
removings against tenants, etc. Cautioner Win. Craig, Rothiesieherrald [Rothesay
Herald].

9. Removing. Margaret Makcomtosche, widow of Alexander Forbes of Petsligo
and wife of Wm. Sutherland of Duffus v. John Forbes of Campbell. The lady was
liferentrix of the lands of Pettellochie, Knokissoul, Bogstoun, Kayrnemoir and Maissonis
Croft in the parish of Coldstone and had raised letters of horning against Forbes for
removing.

14. Loosings of Arrestments. George Leslie of that Ilk v. George Leslie in the
Mains of Leslie. Cautioner Patrick Innes of Edingerrak.

15. Hectour Abircrombie of Wasthall v. Alexr. Leslie at the Mylne of Wasthall.
Cautioner John Leyth of Raine.

17. John Gordoune in Drymmeis v. James Gordoune in Drymmeis. Cautioner James
Hervie of Elrick.

23. John Johnestoun in Tilliriauche v. Alexr. Patersone in Damgrein. Cautioner
Robert Johnestoune in Kayismylne.

24. Assault, Blood-drawing. The Procurator Fiscal v. Patrick Moreis in Brexhill,
who was charged with "oppressing trubling dinging striking and bluid drawing of
Magdalen Greig spous to Duncane Forrest in Petfour." Cautioner John Moreis in
Brexhill.

26. Loosings of Arrestments. George, Earl Merschell v. Isobel Mengzeis, widow

of John Forbes of Boig [or Brig] and liferentrix of the lands of Tofthills where peats
had been arrested. Cautioner Mr. John Mortymer, burgess of Abd.

May 5. Arthur Scherar in Auchlie v. Thomas Bisset at the Mylne of Gatus [or Gatis], Wm.

Bisset his son there and John Bisset at the Kirk of Cremound. Cautioner George
Dowertie, burgess of Abd.

191

Aberdeenshire Sheriff Court :

1613.

May 14. Judicial Ratification. Lucres [Lucretia] Hervy, wife of Wm. Forbes of

Logiefintray ratified an alienation to Adam Gordoune of Boighoill of ten oxengait of
the lands of Elrick occupied by Alexr. Ventoun.

1 6. Loosings of Arrestments. James Gordone, fiar of Newtoun v. Symoun

Galloway in Carnhill. Cautioner Mr. Wm. Moir, burgess of Abd.

19. John Leslie of Wardes i<. Margaret Watsone, widow of Andrew Andersone in
Mcikill Durnoch. Cautioner John Watsone in Lytill Gowill.

Robert Carnigie of Kirktoun of Aboyne T'. Andrew Edie in Waster Kincardin.
Cautioner James Ray, burgess of Abd.

Judicial Obligation. Hypothecation. Andrew Cargill in Boddumes admitted
being due to Alexr. Murray, burgess of Abd. his landlord, certain rents in money and
kind, whicli he bound himself to pay, and declared that the crop upon his holding was
to be astricted and hypothecated in security for more sure payment.

20. Loosings of Arrestments. John Fraser of Meikill Crichie v. John Daniell in
Crichie. Cautioner Alexr. Daniell there.

21. George Scot of Perskow v. Andrew Rickert in Perskow. Cautioner Alexr. Fraser
in Perk of Cremond. In this as in a good many aircstments the " haill tymber durris
& windowis of the bigingis" were arrested.

22. James Leslie of Ryhill v. Henry Leslie in Ryhill. Cautioner George Elphinstoun,
Saidler, burgess of Abd.

James Prat in Auldquhat v. Andrew Gray in Culsche of Feddrct. Cautioner Mr.
Robert Lumisden of Auchinlek.

Renunciation and Discharge. Helen Innes, widow of George Innes in Calsie-
end of Towie and George Gordoune, then her husband, acknowledged receipt from
Arthur, Lord Forbes, of 1000 merks for the redemption of the " sext pairt toune &
lands of Towie callit the Calsie end " in the Parish of Clatt. The money belonged to
the female granter in liferent and her only son Arthur Innes in fee. James Gordoune
of Knokaspak bound himself as cautioner for the proper application of the money, and
joined in warranting the discharge.

Renunciation and Discharge. Patrick Banerman of Balmakessie in favor of
Mr. Robert Gordoune of Fechill. In consideration of a payment of 1840 merks and of
a 21 years lease to him of the lands, Banerman declared to be redeemed the " toune
and landis of the Sone pleuche of the toune and landis of Fechill." There is an
interesting deduction of Banerman's title.

24. Loosings of Arrestments. George Keythe of Glakreauche v. Micheall Jaffray

in Lytill Elrick. Cautioner Wm. Gordoun in Kiddishill.

John Andrew v. John Gray in Tartowie. Cautioner Wm. Forbes in Tartowie.

192

Judicial Enactments: Vol. II., Contents

1613.

May 24. Loosings of Arrestments. Robert Carnegie of Kirktoun of Aboyne v. Wm.

Stewin in Waster Kincardync. Cautioner Alexr. Farquhar of Kincraigie.

25. Andrew Crichtoun in Tempill Land of Auchterless v. John Gordoun of Awachie.
Cautioner James Gordoun at the Mylne of Ruthven.

Renunciation and Discharge. For the fulfilling of a Contract made between
James Gordoun, fiar of Newtoun on the one part and Alexr. Pantoun, burgess of Abd.,
with consent of Robert Hoig of Gellan, William and Mr. Thomas Lowson, burgesses
of Abd., Jean Mengzeis, wife of Pantoun, discharged whatever right she had to "the
sone or eist half of all and haill the toune and landis of New Rain half landis of
Barrelldyikis," etc., in the parish of Rain.

Removing. Ursula Gordoune, widow of John Grant in Owerfulziement, con-
sented to remove from four oxengait of Dryden in Auchindoir in favor of James
Gordoune of Lesmoir, in whose name George Gordoune, younger, of Coclairauchie,
took Act of Court.

26. Loosings of Arrestments. Malcome Laing in Smithstoun and \Ym. Knox in
Insche v. Arthur Meldrum in Insche. Cautioner George Meldrum in Medipill.

Andrew and Margaret King, lawful children of John King, burgess of Abd. and
Andrew King, their Curator, v. Margaret Gairdyne and Mr. Robert Uclnie of Tilli-
corthie. Cautioner Alexr. Copland of Udoche.

Renunciation and Discharge. In consideration of 300 merks paid to him by
James Gordoun, fiar of Newtoun, James Sengzeor in Balquhen discharged his rights
to the " sone half landis of Barrelldyikis with the schaddow four oxengait of New Rain."

Loosing of Arrestment. Patrick Thomsone in Glak v. John Innes in Boyndis.
Cautioner George Leslie at the New Mylne of Cremound.

27. Renunciation and Discharge. It would appear from this entry that, on the
marriage of Margaret, only lawful child of the late Magnus Keyth of Fynnerseis and
Margaret Knowis, his wife, to Alexr. Fraser of Boigheidis in March preceding, certain
provisions had been made to Ihe lady, secured upon the lands of" Monycabak aucht
oxingait lands of Auld Rain disponit be umqll Patrick Leyth of Harlhill to hir umqll
father third pairt landis of Meikill Fynnerseis third pairt landis of Lytill Fynnerseis "
and "third pairt toun and lands of Monecht." In consideration of " certane gryt
sowmes of monie " specified in the Marriage Contract, paid by Mr. Gilbert Keyth,
portioner of Fjnnerseis, the parties now appeared, granted this discharge, and released
the lands.

28. Renunciation and Discharge. Margaret Keythe, wife of George Keythe of
Glakreauche, renounced and discharged her rights of conjunct fee and others over
" aucht oxingait of the toune and landis of Waster Finlray and to aucht pairt of the
Wast medow " in favor of Mr. Robert Paip, Advocate in Abd. and Elspet Leask, his
wife.

BP 193

Aberdeenshire Sheriff Court:
1613.

May 29. Loosings of Arrestments. John Gray at the Mylne of Leask v. George

Gardyne in Halkhillok and Gilbert Gawan there. Cautioners John Gardyne in
Kinknokie and Alexr. Gawan in Nether Leask.

June 2. William Gordoun of Abirzeldie and Duncan Dauidsone in Ferrar v. John Kar,

burgess of Abd. Cautioner John Skene, burgess of Abd.

5- The Baillies, Council and Community of the Burgh of Kintoir v. Patrick Fowler

in Auchquherthyne. Peats in the moss called Moss Martyne. Cautioner James
Gordoun at the Mylne of Kuthven.

Sheepstealing. David Andersone in Cowsteanis v. Wm. Ray in Toux. Cautioner
Charles Currie in Middill Disblair. The charge was for " the thifteous steilling and
marking of ane blak wedder lamb with ane quhyt spot upone the cheik thairof."

7. Loosings of Arrestments. James Reid at the Mylne of Brux v. Wm. Merser
in Arsballoche. Cautioner Duncan Blakhall in Clerkseitt.

James Forbes of Tilligonie v. David Hendersone in Muglaymedow. Cautioner
Alexr. Folay in Ower Boighous of Tolquhone.

8. Assault — Blood-drawing. The Procurator Fiscal (Mr. Wm. Barclay) and John
Ogilvie in Areburne v. Andrew Giffert in Kynmundie. Cautioner James Hervie in
Boighoill.

9. Removing. Wm. Yett in Fiddes consented to remove from Ailhous of Fiddes, in
the parish of Foveran, in favor of Arthur, Lord Forbes, the proprietor.

Loosings of Arrestments. John Gordoun of Buckie v. John Cheyne in
Claymyris. Cautioner Arthur Setoune in Kilblein.

Wm. Donaldsone in Bantuithe v. Alexr. Thomsone there. Cautioner Wm.
Aiking there.

1O. Elspet Watsone, lawful daughter of the late Wm. Watsone sometime at Walkmill

of Cors v. John Abircrummy there. Cautioner Alexr. Forbes in Carnday.

14. Tutory. James Gordoune, burgess of Abd. enacted himself as cautioner for the
intromissions of John Calder of Eister Migvie, who was tutor to John Forbes, lawful son
of the late John Forbes of Ardmurdo.

15. Loosings of Arrestments. John Hay of Cremound v, Wm. Kempt in Newseat of
Dumbrek. Cautioner James Andersone there.

16. Mr. Wm. Forbes of Meanie v. George Calder in Carnecowlie. Cautioner James
Gordoun, burgess of Abd.

26. George Leslie of that Ilk v. John Leithe of Quhythawche and his tenants of Dium-

gowan. Cautioner Thomas Watsone, burgess of Abd. Dispute about the lands of
Boigis, Hairheid and Tamack.

194

Judicial Enactments: Vol. fl.t Contents

1613.

June 29. Loosing of Arrestment. John Leithe (here styled of Montgarrie) v. Andrew

Leslie in New Leslie, for whom Leslie of that Ilk was cautioner, the subject of dispute
being the same as in the preceding entry.

July 5. Removing. John Davidsoun, Cordiner in Auld Abd. bound himself to remove

from a rig of land of Peterstoun in the West Territory of Auld Abd. belonging to
Charles Robertsoun, burgess of Abd.

9. Loosings of Arrestments. George Leslie of that Ilk v. Patrick Innes of Brindie.

Cautioner Andrew Straquhin of Ardo. The boundaries of the lands which were in
dispute are thus described : " Beginand at the Gareoche fuird on the eist syd the
Cardounward [or Cardounwall] and utheris merchis on the West and on the Northe syd
of Brownhill as wind & wedder scheiris."

10. James Crichtoun of Frendraucht v. John Gordoun at Troupis Mylne, George

Michie in Beigishill, Robert Leithe in Steaniefeild and Robert Home there. Cautioner
Mr. John Mortymer, burgess of Abd. Dispute about the Moss of Steaniefeild "callit
the Persones Moss."

Sheepstealing. The Crown v. Alexr. Glennie in Kirktoun of Premnay, who was
charged " with the thiftious steilling of ane yow with ane lamb at her fute fra George
Forbes at the Mylne of Bairnis." Cautioner Wm. Hoigis in Crabistoun.

13. Loosings of Arrestments. Alexr. Fraser, sometime in Brotherfeild then in

Clunie v. John Phannis in Kynmundie and Marjory Jaffray, his wife. Cautioner Wm.
Forbes in Kynmundie.

17. Mr. Robert Lumisden of Auchinleck v. Andrew Low in Craigmylne. Cautioner

George Low in Auldmad.

19. Wm. Stewart and Peter Merschall, Indwellers in Abd. v. James Tailzeour at the

Mylne of Gilcomstoun. Cautioner Mr. David Rutherfurd, Baillie and burgess of Abd.

\

21. George Johnestoun of that Ilk v. George Leslie at the New Mylne of Cremound.
Cautioner Wm. Blakhall, Maltman, burgess of Abd. Peats cast upon part of the lands
of Fewallis.

22. Gilbert, James and Thomas Bodie in Peterheid v. James Pirie in Peterheid.
Cautioner Andrew Milne, Armorar in Abd. Peats in the Moss of Quhyithill in the
parish of Peterugie.

24. John Leslie of Petcapill v. Arthur Smyth in Fewallis, and George Johnestoun there.

Another case about peats upon Fewallis. Johnestoun was cautioner for Smyth and John
Ronaldsone in Owertoun for Johnestoun.

26. Walter Gordoune, lawful son of John Gordoune in Quhytsteanis v. the said John

Gordoune, and also against Patrick Gordoun of Halheid, Thomas Mylne in Corquhun-
derland, John Tois there, James Constabill at the Mylne of Blairordans, Patrick Crerer
in Blakhill, Duncan Watsone there, James Tailzeour in Boigfairnie, Elspet Tailzeour
there, John Morgin there. James Gordoune, burgess of Abd. was cautioner for John
Gordoune, who was cautioner for the others.

195

Abzrdeenshire Sheriff Court t

1613.

July 27. Assault — Blood-drawing. The Procurator Fiscal and David Chalmer in Waster

Disblair v. Alexr. Andersone in Scheilboig. Cautioner Robert Johnestoun of Kendell.

Loosings of Arrestments. Nathaniel Keith of Lytill Cocklaw v. James Walker,
Wm. Greig and Andrew & Alexr. Gray, all in Peterheid. Cautioner Thomas Watsone,
burgess of Abd.

28. Wm. and Alexr. Troup in the Mains of Murthill v. Alexr. Galloway there.

Cautioner Alexr. Drum, burgess of Abd.

Margaret Liddell, wife of John Mitschell, burgess of Abd. v. Gilbert Cullen,
Andrew Burnet and Alexr. Cruikschank, burgesses of Abd. Cautioner Alexr. Jaffray,
burgess of Abd., whose signature as well as that of Cullen is adhibited to the entry.

Augt. 2. James Stewart of Rylland v. Gilbert Baird of Auchmedden. Cautioner Mr. Wm.

Quhyt in Ardlahill.

3. Wm. Gordoun of Abirzeldie v. Thomas Gordoun in Knok. Cautioner Win.

Gordoun of Kennertie. Dispute about the Moss of Stering.

5. James Fergowsone in Segieden v. Archibald Beidie at the Mylne. Cautioner
Patrick Forbes, Wobster, burgess of Abd.

6. Robert Harrow in the Eist town of Pettfoddells v. Patrick Phynnie in Cowie.
Cautioner John Phynnie, Indweller, servitor to Patrick Gordoun of Birsmoir. What
had been arrested here were "the tua riggis of aittis sawin be the said Patrick upone
the seitts & pendicles of Petmukstoun be the get and eist syd thairof that passis to the
Brig of Die."

7. Robert Aikine, sometime in Fintreye z>. Andrew Symmer, Tailzeour in Waster
Fintrey. Cautioner Andrew Cuming in Balbithane.

Acknowledgment and Obligation. Mr. John Lumisden at the Brig of Bal-
govnie, as tenant of Balgovnie, bound himself to pay to Mr. Thomas Mengzeis, the
proprietor, '' tua chalders beir and twenLie sex bolls meill " for rent crop 1612, before
24 August instant. Failing payment in kind, the liquidate price of the beir was to be
ten merks per boll, and that of the meal nine merks per boll.

10. Loosings of Arrestments. Peter, Bishop of Abd., the "Dein & Chapter thairof
and Inhabitants of the Chanrie" v. Thomas Davidsone, Notary Public in Auld Abd.
Cautioner Wm. Auld, Citiner in Auld Abd. The arrestment was of " the stanes wyne
furthe and to be transportit be him " [Davidsone] " out of Forbes Maness " [Manse]
"and yard in Auld Abd."

11. Sir John Wood of Fettercarne, Knight *. Gilbert and Thomas Ramsey in TIaltoune
of Belhelvie. Cautioner Andrew Grahame, Chalmerlane to Patrick, Earl of Kingorne.
The claim was for the rents of Pettens.

12. The Crown and Wm. Touch, Janet Touch and Livingstoune, her husband
v. Gilbert Yeman in Newtoun of Skeyne. Cautioner Mr. Duncan Forbes of Balnagask.

196

Judicial Enactments: Vol. II., Contents

1613.

Aug!. 14. Loosings of Arrestments. Gilbert Cok in Myntlay v. Thomas Forbes in

Auchtidonald. Cautioner George Forbes in Quartailhous.

Margaret Gardyne, widow of Wm. Stewart of Cowsteans and Mr. Robert Udnie
of Tillicorthie, her husband v. Wm. Setoun of Eister Disblair. Cautioner Arthur
Chalmer, Indweller in Abd.

17. Margaret Gardyne and Mr. Robert Udnie (as in preceding entry) v. Wm. Ray in

Toux, Thomas Davidsone in Middiltoun of Disblair, James Andersone alias Laird there,
James Andersone "callit litill James" there and Charles Currie there. The dispute
here as in the preceding entry was about the " Muiris of Uschihillis."

19. John Fraser of Clintertie v. Mr. Wm. Fraser of Cautioner Wm. Forbes of
Tolquhone. The crop upon the [?] "Cuillfuird of Clintertie " had been arrested.

20. John Leslie, fear of Balquhane v. James Crombie in Nethirtoun of Fetterneir,
Patrick Mathowsone there and Richard Mailling in Owertoun of Fetterneir. Cautioner
Thomas Patirsone, Merchand, burgess of Abd.

21. Alexr. Daniell in Meikill Chrichie v. Andrew Kyd in Meikill Elrik. Cautioner
Alexr. Innes, Citiner in Auld Abd.

23. John Hamiltoun, son of James Hamiltoun in Westport v. Alexr. Young in Bod-

domes. Cautioner Thomas Cargill in Boddomes. Claim for the rents of Boddomes.

25. Isobel Jak, widow of Walter Watsone, Mailman, burgess of Abd. v. Thomas
Watsone, Portioner of the Casteltoun of Durris, and also against John Dennis,
Fermorar in Abd. Cautioner Peter Merschell, Mailman, burgess of Abd.

26. James, Earl of Murray v. Wm. Seytoune of Disblair. Cautioner
Arlhur Chalmer, indweller in Abd. Crop on ihe West and Soulh side of Ihe
Reidburne.

27. Alexr. Cuming of Culler v. Gilbert Hall in Craigtoun of Pelircullir. Caulioner
John Wallace in Beildsyid.

28. Patrick Cheyne of Caldwallis v. James Mylne, somelime at the Mylne of Cauld-
wallis, then at the Mill [sir] of Fortrie. Caulioner Findlay Willox, Merchand, burgess
of Abd.

Archibald Beidie at the Mill of Syd v. James Fergussone in Segiedene. Caulioner
Alexr. Moir, Wobster, burgess of Abd.

31. John Broun at the Milne of Knokleithe v. Wm. Abirnethie in Knokleilhe.

Caulioner Roberl Reidfurd in Fischerfuird.

Thomas Dempsler of Auchterles v. Thomas Thomsone in Logieauldtoun.
Caulioner John Dempster of Knokleythe.

Wm. Johnestoune in Craibstoune v. Wm. Galloway in Blakhillis. Cautioner
Wm. Forbes in Waster Kinmundie.

197

Aberdeenshire Sheriff Court :
1613.

Sept. i. Loosings of Arrestments. Alexr. Copland of Udoche v. Janet Gray, widow

of Wm. Clark in Greynness. Cautioner Alexr. Clark in Greynness.

Alexr. Skeyne of that Ilk v. Mr. Robert Irving in Fornet. Cautioner Mr. James
Irving, Minister at Touche. Crop upon " the Northe and Northe eist pairtis of the
propertie & commountie of Turriwaill."

4. Wm. Ogistoun in Rathine v. James Dilgardno in Rathine. Cautioner Mathew

Donaldsone, burgess of Abd. The arrestment here was unusually comprehensive being
expressed as follows, " the cornis sawin be him houssis bandit & bigit peitts turvis
fewall faill & dovatis cassin be him " [in 1613] " within the bounds of Rathine."

7. James, Earl of Murray, v. Thomas Glenny and Thomas Baverlay, both in
Wodheid. Cautioner James Hervie, fear of Elrik. Crop on the South and West
side of the Reidburne.

8. Alex. Craufurd as assignee of George Craufurd of Annachie, his brother v. John Low,
sometime in Annachie then in Auchnagat. Cautioner Robert Burnet, burgess of Abd.

10. George Pirrie at the Auld Mylne of Phillorthe v. Magnus Fraser in Fraserburgh.
Cautioner Thomas Cowie, burgess of Abd.

11. Sir Wm. Irving of [?] Cuchlie, Knight, v. Duncan Forbes of Byth. Cautioner Mr.
Andrew Clark, burgess of Abd.

James Irving of Auchzeoche v. Alexr. Ross in Brunhill. Cautioner Mr. Gilbert
Ross in Quhobbis.

Thomas Fraser in Litill Kinnadie v. Thomas Crookat in Auchquhorsk. Cautioner
James Keythe of Kinnadies.

13. Stephen Mackie at the Ower Mylne of Kintor v. John Hill in Kintor, Wm. Name in
Tofthillis and John Hervie in Kintor. Cautioner, Mr. John Mortymer, burgess of Abd.

14. Alexander, Master of Forbes, and Arthur, Lord Forbes, his father and Tutor v.
Patrick Con of Auchry and Patrick Con, Younger, apparent thereof. Cautioner James
Pantoun in Meikill Auchry. Crop on part of Allathyne and Kippernahill had been
arrested.

16. William, Lord Keith v. Alexr. Jameson in Kindrocht, Hew Craik there, Win.

Sewan there and James Schirra there. Cautioner Mr. George Norie, burgess of
Fraserburgh whom James Fraser of Cairnes bound himself to relieve.

Renunciation and Discharge. Helen Hoig, wife of Alexr. Gordoun, sometime
of Swailend, appeared and renounced and discharged any rights of liferent or conjunct
fee which she might have in the lands of Swailend in favor of George Currour, burgess
of Abd., and Jeane Hay, his wife, and after them to David Currour, fiar of Balgringo,
and Christiane Currour, his wife. The Senatus consultum Velleianum was specially
referred to. Thomas Crombie, Writer to the Signet, represented the various parties.
This Act of Court was initialed by one Sheriff depute and signed by the other. Nine
months later, on 15 June, 1614, for farther security another Act of Court was taken
ratifying the former, and was signed by Gordoun and his wife, the latter notarially.

198

Judicial Enactments: Vol, IL, Contents

1613.

Sept. 17. Loosings of Arrestments. James, Earl of Murray, Margaret Gardyne, Francis

Stewart, her son by her first marriage, and Mr. Robert Udnie, her husband, v. Wm.
Ray in Toux, Thomas Davidsone in Middiltoun, Charles Currie there, James Andersone
and James Andersone, called the " Laird," both there, Wm. Cantley in Calsie end,
Wm. Reid there and John Clark there. Cautioner Gilbert Johnestoun of Peddeis-
mylne.

1 8. Wm. Forbes of Tolquhone, Patrick Forbes in Thainstoun £ John Williamsone at

the Mylne of Thainstoune v. Gilbert Low in Boigquhir in Kemnay. Cautioner Walter
Innes of Ardtannes.

Wm. Setoun of Disblair v. Andrew Symmer in Haltoun of Fintray, Thomas Rob
there, Henry Clerk there, James Symmer there and Andrew Leslie there, who became
cautioners for each other. The Reidburne again.

Stephen Mackie at the Ower Mylne of Kintore v. Dioness [Dionysius] Chalmer in
Tofthillis. Cautioner Mr. John Mortimer, burgess of Abd.

(i) George Johnestoune of that Ilk, Wm. Setoune of Disblair and Gilbert
Johnestoune of Peddeismylne v. John Andersone, James Symmer, Magnus Symmer,
Thomas Rob, Andrew Symmer all in Haltoun of Fintray and Andrew Leslie in
Kcwsteanis who were cautioners for each other. (2) The same pursuers v. John
Bauerlay and James Irnsyd in Haltoun of Fintray, for whom James Symmer there was
cautioner. Crop upon the North side of the " Steaneburne of Haltoun of Fintray."

20. The same pursuers as in last cases 71. Wm. Materis, Thomas Thomsone, David
Andersone and Wm. Woid, all in Kowsteanis, who were cautioners for each other.
Crop upon the " Northe woid of Garvack and Langhill."

The same pursuers v. James Glennie in Boigis and John Symmer in Newlands,
who were cautioners for each other. Crop upon the " Boigis and New landis of
Fintray."

21. Assault — Blood-drawing. The Procurator Fiscal (Mr. Wm. Barclay) and
Andrew Meanie in Auld Abd. v. John Jamesone in Tulloche. Cautioner Andrew
Kellie, burgess of Abd.

22. Loosings of Arrestments. Johnestoune of that Ilk, Setoune of Disblair and
Johnestoune of Peddeismylne v. Gilbert Leslie in Boig. Cautioner Wm. Blakhall,
Maltman, burgess of Abd.

23. Margaret Hay, widow of Mr. Michael Fraser of Techmurie and Thomas Hay in
Graysteane of Ardendracht v. Wm. Kennedie in Kirkhill of Carmuk. Cautioner James
Ogilvie of Birness.

24. William, Lord Keythe v. Magnus Smyth in Denend of Kindrocht. Cautioner
Alexr. Fraser, brother german of the late Mr. Michael Fraser of Techmurie.

28. Janet Duncane, widow of Abraham Forbes of Blaktoune v.

in Craigheid. Cautioner Alexander Jaffrey, Bailie burgess of Abd., who signed the
entry.

199

Aberdeenshire Sheriff Court:

1613.

Sept. 28. Loosing1 of Arrestment. Duncan Forbes of Bythe v. Andrew Quharnie in

Quhytsteanis. Cautioner Gilbert Hall in Craigtoun of Culter. Crop on " the Quhyt-
stak of Gullie."

30. Renunciation and Discharge. Patrick Gray, burgess of Abd., appeared, and in

respect of a payment of 1000 merks, judicially declared that Mylne of Elrick, etc., had
been redeemed from him by Andrew Ilervie of Elrick. The Sheriff Depute was Mr.
Alexr. Jaffray of Kingiswallis, who along with Gray signed the entry.

Oct. i. Loosings of Arrestments. Wm. Forbes in Kynmundie v. John Gray in Auch-

quhrenie. Cautioner Wm. Galloway, burgess of Abd.

4. Robert Keythe in Pettindrum v. Alexr. Jaffraye in Pettindrum. Cautioner Wm.
Keythe of Pettindrum in the parish of Aberdour.

5. Adam Gordoun of Glcnbuchet v. Edward Fraser in Fraserisburgh. Cautioner
Alexr. Youngsone in Invernorthe.

8. Gawan Scott in Carnebulge v. Robert Dilgardno in Carnebulge. Cautioner Wm.
Birnie, burgess of Fraserisburgh.

9. Mr. James Forbes of Woidland v. John Ligertwoid in Tillimad. Cautioner James
Ligertwoid in Fornatie.

II. Mr. John Cheyne of Arnage v. Wm. Lyntoune in Wastfeild. Cautioner Patrick

Hendersone, Wobster in Carnfeild. There was here in addition to a general arrest-
ment, a special arrestment of " ten hydds within the said Williams bark pott."

Gilbert Jaffray in Ardoche v. Ronald Clerk in Petmedden. Cautioner James Paul
in Auchclaiche.

16. James Burges in Sklatie v. John Tailzeour, alias Cowper, in Crabistoune. Cautioner

Robert Irving, Cowper, burgess of Abd.

23. Cristiane Logan and John Ronaldsone in Owertoun of Dyce, her husband, and
Janet Logan and Gilbert Gib, her husband v. Ronald Clerk in Petmedden. Cautioner
Thomas Johnestoune in Raithis.

24. Theft. The Procurator Fiscal (Mr. Wm. Barclay) and the Sheriff v. Wm. Ilervie
in Kairnetrydlene. Cautioner John Bisset there.

Nov. 6. Removing. George Meldrum, brother german of Andrew Meldrum of Jakstoun

confessed himself lawfully removed from Jakstoun in favor of the said Andrew Meldrum.

Loosing of Arrestment. George Currour of Swaillend v. David Ronaldsone
in Rethis. Cautioner William Jamesone in Tillikerrie. There had been arrested " the
sowme of fourtie punds consignit be the said Dauid in the Kiik box of the Parochin of
Dyce."

200

Judicial Enactments : Vol. IL, Contents

1613.

Nov. 12. Agreement. For the settlement of disputes regarding the lands of Cultis in

Kennethmont, which had arisen between John Leslie of Wardes and Hew Gordoune
of Cultis, and in which George Leslie of that Ilk and Robert Spence of Tulloche were
also interested, this Agreement had been entered into and is here registered. The
entry is much decayed and only partly legible. It appears however that the mutual
friends by whose mediation the settlement was effected were Alexr. Gordoune of Clunie,
Wm. Gordoune of Sauchin and John Leslie of Duncanstoun.

Loosing of Arrestment. Archibald Hog v. Alexr. Hervie, flesher. Cautioner
James Thomsone in Auld Abd.

Removing. James Grant and Thomas Grant in Dryden of Auchindoir renounced
their occupation in favor of James Gordoun of Lesmoir.

Judicial Ratification. Margaret Cheyne " Ladie Collestoun " ratified the wadset
of the sunny plough of the half lands of Litill Drumquhendill by Gilbert Reid and
Andrew Reid of Collestoun, his father, to Andrew Woid of for ^1000.

15. Judicial Ratification. Elspet Meldrum, wife of Andrew Meldrum of Jakstoun,

ratified a wadset by her husband of the lands of Jakstoun to Robert Stewart, brother
german to John, Earl of Atholl, and Janet Leslie, his wife, in conjunct fee and liferent,
etc., for 4000 merks.

17. Loosing of Arrestment. Olipher Glenny in Fintreye v. Gilbert Wilguis in

Calf fauld and David Cowie in Scheilbog. Cautioner Wm. Jamesone in Tillikeirrie.

Judicial Ratification. Elspet Stewart, wife of Wm. Meldrum of Baddinscot
ratified a wadset of her husband's lands to George Gordoun

29. Loosings of Arrestments. Alexr. Cuming of Culler v. Gilbert Hall in Craig-
toun. Cautioner John Wallace in Beildsyd.

30. Abraham Broun in Kintocher v. John Cruikschank in Tillichetlie. Cautioner
Wm. Gareoche, apparent of Kinstair.

Dec. 4. John Erskein of Balhagartie v. Alexr. Straquhin of Glenkyndie. Cautioner Alexr.

Fraser of Kindrocht. Crop sown by Straquhin upon the " Bak moss of Auchnagat."

Manslaughter. The Crown v, James Smyth in Folia, for whose appearance
John Wicht in Keltiswall was cautioner. Smyth was charged with the slaughter of
Helen Wilsoiie, in Lytill Folia.

ii. Renunciation and Discharge. Isobel Setoune, wife of Thomas Erskein,

younger, of Pettodrie, renounced in favor of her husband all her rights of conjunct fee,
liferent, &c., in the lands of Balhagertie, Durlathin and third part of Pettodrie.

Lawborrows. Gilbert Forbes in Tartowie v. Wm. Davidsone in Clochmuir,
Cautioner Wm. Forbes in Kynmundie.

CC 2O I

Aberdeenshire Sheriff Court

1614.

Jan. 15. Loosings of Arrestments. John Lumisden of Cuschnie, Robert Lumisden,

fiar thereof, and Janet Duncan, widow of Abraham Forbes of Blaktoun v. John Reid
in Brydiswall. Cautioner James Davidsone in Carnecowlie.

22. George Bruce, Saidler, burgess of Abd. v. Wm. Forbes, brother german to James

Forbes of Tilligonie. Cautioner Andrew Straquhan, sometime of Ardo, then in Abd.

Wm. Forbes in Kynmundie v. Gilbert Gordoun in Corshill. Cautioner John Layng
in Greyneburne.

Febry. 2. Revocation of Deeds Granted in Minority. Alexander Crocket, son of the late

John Crocket in Myirsyd revoked deeds granted in minority, and specially an obligation
in favor of George Dun in Peterheid for 25 merks.

22. Loosing of Arrestment. Thomas Forrest in the Walkmylne of Tillinamolt v.

Adam Alschioner in Auchirreis. Cautioner Gilbert Keyth of Auchirreis.

Mch I. Manslaughter. Helen Will in Meikill Creichie and John Daniell there were

charged with the slaughter of Wm. Hucheone in Carnenadelie, and John Fraser of
Meikill Creichie and Joseph Keyth of Auch were cautioners for their appearance

for trial.

202

Illustrative Examples taken from Vol. II. of Judicial Enactments
Proceedings relating to Occupancy of Land

I. — REMOVING AND LEASE.

(4 July 1610)

The said day compeirit Thomas Leslie in Crystis Kirk and grantit
himselff wyf bairines servands guids and geir lauchfullie removet furth
and fra the Brewing of Crystis Kirk and preueledge thairof and be thir
presentis renunces all richt and tytill and possessioun he hes thairto and
sail caus Margrat Wat spous to Alexander Jarden seas fra oney brewing
and selling of aill and beir thairout in tymes cumming and that at the
instance of Andrew Leslie of New Leslie And forder the said Androw
Leslie of New Leslie be the tennour heirof hes set and settis with
the conditiounes under specifeit to the said Thomas Leslie he being
one lywe All and haill the fourt pairt towne and lands of Crystis
Kirk houssis toftis croftis pairtis and pendiculls of the samen presentlie
occupek be the said Thomas withe the teind schewes thairof lyand
within the Parochine of Kennethmont and Shrefdome of Abd. quhill
the feast of Witsonday in the yeir of God im sex hunderethe and
allewin yeiris for payment of thrie scoir tua merks maill at tua seueral
termes Witsonday and Mairtimes be equall portiounes beginand the first
termes payment thairof at the said feast of Witsonday im sex hunderethe
and allewin yeiris togidder withe sic customes and seruice as his nicht-
bouris or the remenent of the quhilk occupatioun as that same towne and
lands payis at the termes usit and wonit Withe conditioun that the said
Thomas big sic sufficient biging as the remenent his nichtboris of the
quhilk occupatioun foirsaid hes or hapinis to big and to keip guid nicht-
bourheid be the sicht of Johnne Leslie of Lergie and Androw Leslie in
Meikill Wardes And giue the said Thomas failzeis thairin he grantit
himselff lauchfullie removet fra the said fourt pairt towne and lands of
Crystis Kirk aboue writtin houssis toftis croftis pairtis pendicullis and
pertinents at the feast of Witsonday nixt cummis And gif it sail hapin
the said Thomas to pay his said maill and dewitie custoumes and seruice
foirsaids keipis guid nichtbourheid bigis the said biging and beis ane
obedient servand as the rest of the remenent of his nichtbouris of the

203

Aberdeenshire Sheriff Court :

tovvne the said Andrew be thir presentis settis to the said Thomas the
said fourt pairt towne and lands of Crystis Kirk houssis toftis croftis and
pertinents of the samen foirsaids withe the teind schewes of the samen
fra yeir to yeir Upone the conditiounes foirsaids for the space of four
yeiris nixt following the said feast of Witsonday in the yeir of God im
sex hunderethe and allewin yeiris for yeirlie payment of sic maill dewitie
and dew seruice as is aboue specifeit baithe for stok and teind of the
samen beginand the first termes payment thairof the feast of Witsonday
in the yeir of God im sex hunderethe and twalff yeiris and giue it sail
hapin oney the said Thomas nichtbouris to failzie in keiping of guid
nichtbourheid to him the said Andrew binds & obleissis him to caus
thame repair and amend the samen be the sicht of the saids Johnne
Leslie of Lairgie or Androw Leslie in Meikill Wardes and to that effect
the said Androw Leslie of New Leslie sail hauld court or courtis
and giue the said Thomas justice to that effect Upone the quhilks
premissis the said Thomas and Androw desyrit Act of Cowrt and
Instrument

II. — REMOVING. THE RIGS AND TAILS, OLD ABERDEEN.

(30 Novr 1611)

The said day in presence of the Shref deput foirsaid Compeirit
personalie Alexr Blak Maltman burges of Abd and of his awin jYie will
grantit and confessit him lauchfullie and ordourlie removit furthe and fra
the tuelft elne croft or peciess of land of that latitud and teillis thairof
lyand beyond the Loche of Auld Abd of the said breid lyand betuixt the
croft contigue adjacent to the tennement of John Torrie at the southe
the tennement of umquhill James Mylne at the northe & the yard quhilk
perteinit to John Gibsone at the eist and cowmoune gait passand to the
saidis teillis at the wast and fra the said teillis lyand beyond the said
Loche haueand the riggis and teillis of upone the eist pairt the

Kingis cowmoune gait on the southe the lands of Cottoune upone the
northe and fra all thair preuileges and pertinentis lyand in [the] wast
teritorie of the croftis of Auld Abd and Shrefdome of the samen And
renuncit the saidis croftis withe all titill of richt propertic and posses-
sioune he had hes or may pretend to haue thairto in favours of Johne
Gibsoune quhome of he had the samen set his airis or assignayis or ony
utheris quha sail happin to haue richt thairto Quhairupone Mr Robert
Paip procuratour for Margrat Irving spous to the said Johne Gibsoune
tuik act and instrumentis

John Gordone Sref
204

Judicial Enactments : Vol. IL, Illustrative Examples

III. — JUDICIAL HYPOTHECATION BY TENANT OF GROWING CROP
*OR PAST DUE RENT.

(19 May 1613)

The said day in presens of the Shreff deput foirsaid compeirit
Andrew Cargill in Boddumes and grantit him restand awand to
Alexander Murray burges of Abd and that for his occupatione of the
said toune and lands of Boddumes croip & yeir of God im sex hundrethe
& tuelff yeiris the sovvme of thrie scoir thrie punds sex sh viiid to be
payit betuixt the dait heirof and the first day of August sex bollis tuyis
scheillit meill pryce of the boll aucht pundis four bollis & thrie firlottis
ferme meill pryce of the boll ten merkis all to be payit betuixt the dait
heirof and Mairtimes nixt to cum in this instant yeir of God im sex
hundrethe & threttein yeiris And for the mair suir payment of the
sowmes of money victuall & utheris befoir specifeit the said Andrew
Cargill astrictit and hypothecatit his haill guids and geir movabill and
speciallie the cornis presentlie growand upone the grund of the samen
lands to be win and schorne upone the expensses of the samen and to
remain upone the grund thairof ontransportit in. haill or in pairt bayth
corne [and] fodder at the instance of the said Alexr and to be mellit &
intromettit with be him in caice of nocht payment at the terms foirsaids
and that but perrell of law actioun of spoilzie or uther deid of wrang
quhilkis actiounes the said Andrew Renunces be thir presentis and the
saidis cornis being mellit with be the said Alexr in caice of failzie as said
is schorn'e & win be him upone the proper expensses thairof he to pay
himself of the reddiest of the saidis cornis and to mak payment to the
said Andrew of the superplus upone the quhilkis the saids Alexander and
Androw tuik act & instrument and thairto the Shreff deput foirsaid
Interponit his auchthoritie

J.G. Sreff

Revocation of Deeds Granted in Minority

(2 June 1612)

The said day compeirit ane nobill and potent Lord Patrick Lord of
Lindoris as yit minor and les thane twentie ane yeiris of aig being
circumvenit in his les aige be euill aduysit counsell as he is informit to
his gryt los hurt and preuidice In fauors of sindric personis and namelie
contrair to his naturall libertie had Interdytit himselff to Wa Erie of
Mortoune Robert Lord Lindsay Dauid Lord Skuine Sir Robert Melveing
of Murdocarne knicht Johne Lord of Kinklevine Wa Lermonth of
Balcomie Mr Alexander King and Mr Robert Lermonth Aduocattis
or to ane certane novmber of thame quhairon thei at the leist sume of

205

Aberdeenshire Sheriff Court

thame hes raisit our Souerane Lords letteris and as he is informit hes
publeischit or intends to publeisch the same to his discrydit and gryt
dissavantage And finding him grytumlie preuidicit as said is thairby in
speciall and generall utheris his effeiris imprudentlie done as yit of les
aige as is aboue writtin be the preuiledge of cowmoune and municipall
lawis maid in favors of minors hes revocat and be their presentis of set
purpos and deliberat mynd revocis cassis and annullis the said band of
interdictioune and all that hes followit or may follow thairone and
generallie revocis all uther and quhatsumewer deids done be him in
favors of ony persone or personis at ony tyme bygyne to his hurt and
preuidice protesting solemnatlie that he be restorit in integrum thair-
annent and maid quyt and frie thairof and of all inconvenient that may
follow thairone at the hands of the saids personis and all utheris quhome
it effeiris and that according to the priueledge of the saids lawis he may
haue libertie to call persew and prov[o]ck Judgment Infra annos utiles
quhairone the Shref deput foirsaid Interponit his auchthoritie and
thairone the said nobill Lord and Mr Robert Paip his procuratour askit
Act of Court and Instrumentis

Lundoris

Mr Richard Iruyng
Shref deput

Appointment of Curator ad Litcm

(8 April 1613)

The said day in presens of the Shref Deput foirsaid compeirit
personalie George Johnestoune of that Ilk at quhais desyir the Shref
Deput foirsaid gaiwe Mr Robert Paip Aduocat in Abd curatour to the
said George ad litem for making and subscrywing of his warningis for
removing of his tennentis furth of his landis mylnes & multuris befoir
the terme of Witsonday nixt to cum and for obtening of Decreitis of
Removing agains thaim furth and fra the saidis landis and mylnes and
the said Mr Robert being present gawe his aithe de fideli administratione
de acceptatione of office and fand William Craig Rothiesie Herrald
cautioner to that effect quhome the said Mr Robert obleist him to
releiwe and thairunto the Shref Deput foirsaid interponit his auchthoritie
and thairon the saidis George Mr Robert and William askit & tuik act
& Instrument.

r TU Mr Richard

George Jhonstoun Mr Ro pajp ^^ forsd

01 yt Wllm Craig, Rothesay Heralt

206

The Decree Books: VoL H, 16J7-J8

The earliest legible date is 15 January, 1617, and the last 28 March,
1618. The pages number 228 and although the original fly leaves no
longer exist the remainder of the volume, as we have it, is beautifully
written and perfectly preserved.

Although it has been titled " Decreit Book," and probably contains
all the Decrees for the period which it covers, it is really a Court Diet
Book, inasmuch as Interlocutory orders are recorded in it. There are
also one or two entries of a non-litigious description. The high quality
of the penmanship and the entire absence of corrections or alterations go
to show that the entries were not actually made by the writers in Court,
but are a clean and careful transcript of the business, subsequently made.

An attempt has been made to notice at least once every case
which occurs in the volume while avoiding unnecessary duplication
or repetition.

207

Table of Contents of Vol. II. of Decree Books.

1617.

Jan. Decree of Wrongous Intromission. Alexander Stevinsone, Tailor in Aberdeen,

Margaret Stevinsone, his sister, and Andrew Bedie in Old Aberdeen, her husband, for
his interest v. Gilbert Stevinsone in Ogstoune. Decree passed for 16 bolls of great
oats at 53/4 per boll, 12 bolls of beir at £4. per boll, 2 bolls 2 firlots of malt at ^5 Per
boll. The Defender was said to have intromitted with the grain and malt which
belonged to the Pursuers in 1594, and the prices seem to have been those of the crop
of that year. Decree also for ^3 of expenses.

Action for Rent. Reference to Oath. Absolvitor. Ronald Chessour,
burgess of Aberdeen, v. Alexander Birnie in Owerhill. The Pursuer had right by
gift and disposition to the escheat, goods, gear and debts of the late Patrick Braklay,
to whom the Defender was alleged to have promised to pay j£io for his " Colt land
sawing and grothe " in the Mains of Kellie, crop 1616. On a reference to his oath, the
Defender denied the promise and indebtedness and was assoilzied.

15. Decree of Liquidation. John Leythe of Quhythauche v. James Irving in

Beildsyd. £6 was fixed as the price of each boll of 12 bolls of meal for the rent of
the " Hal tonne and Landis of Gairdyne," belonging to the Pursuer, in the parish of
Peterculter, crop and year 1614.

Nature of Action not disclosed. John Selbie in Gairdyne v. Alexander Duncane
and John Tailzeour in Finnersie and John Quhytheid in . The Defenders did

not appear and the case was admitted to the Pursuer's probation, but is not mentioned
again.

Decree for Trespass by Cattle. Patrick Cruickshank in Ardiffrie v, William
Ronald, Gilbert Blak and Alexander Barrie, all in Ardiffrie, and Mr. David Rattray,
Minister at Cruden. The Defenders were sued for payment equally among them of the
value of a chalder of oats, at £6 per boll, said to have been eaten by their nolt, sheep
and horses in "tua tachte fauldis" in 1614. The three Defenders first named appeared
and on oath Ronald admitted 6 pecks at £4 per boll and Blak 2 pecks which they were
ordained to pay with 6/8 of expenses each. Barrie denied all liability and was
assoilzied, while the Minister, who did not appear, was ordered to be summoned of new.

Action for Payment. Absolvitor. Janet Duncan, widow of Abraham Forbes
of Blaktoune, and George Gordoune of Coclairauchie v. Patrick Irving, Messenger, in
Carnebadie. The allegation here was that Irving recovered from Robert Fraser of
Durris, to whom he had given a charge of payment at the instance of the Pursuers, £12.
On a reference to his oath he admitted having received from Fraser " ane doubill
angell " ; but qualified the admission in such a way as to be assoilzied.

208

Decree Books : Vol. IL, Contents

1617.

Jany. 15. Action for Payment. Mr. Alexander Irving, advocate, v. Andrew Hervie of

Elrick. This was a diet of proof. The Pursuer having produced an obligation by the
Defender, dated 20 February, 1608, renounced all further probation except the
Defender's oath of calumny.

Action of Spuilzie. William Forbes in Edirlick v. Patrick Leyth of Licklieheid.
The Pursuer deponed that the spoliation extended to 60 bolls of oats with the fodder,
of which 14 bolls were great oats, and 10 bolls beir with the fodder. He priced the
great oats at 8 merks 6/8 per boll, the small oats at £4 and the beir at £10. Decree
was pronounced on I February for 12 bolls great oats at the above price and for 10
bolls beir at ^,8 with £$ of expenses of process.

Nature of Actions not disclosed. John Glennie in Mekill Endovie v. Elspet
Cowper there. In the absence of the Defender the action was admitted to the Pursuer's
probation.

John Fraser of Clintertie v. Duncan Blakhall. Mr. William Barclay, procurator
for the Pursuer, produced replies to the defences, and the Sheriff assigned 22 January
instant to pronounce Interlocutor, but no further entry has been found.

17. Alexr. Fraser, portioner of Kindrocht, v. James Wilsone in Kindrocht. In

absence of the Defender the Pursuer's libel was admitted to his probation.

22. Helen Hendersone, Gilbert and Marjorie Wastland, children of the late David

Wastland in Tirriewaill v. Wm. Thomsone in Tirriewaill, Alexr. Angous in Locheheid,
Alexr. and James Gordoune in Aucheloche. None of the Defenders except Angous
appeared or were represented, and as against them the Pursuer was allowed a proof.
The Interlocutor allowing Angous to lodge defences was in these terms " to quhome
the Shref assignit the twentie fourt of this instant to that effect visa petitione . " No
further mention of the case has been found.

Summons of Wakening. Alexr. Chalmer, younger, burgess of Abd. v.
Thomas Galloway in . Action wakened and continued to 29 January for

interlocutor but did not appear then or afterwards.

Nature of Action not disclosed. James Donald v. Gilbert Ritchie in Mains of
Foverane. This day having been assigned for lodging defences and none being forth-
coming, the term was c'rcumduced and the case disappears.

Action of Spuilzie. John Mitschell in Drumnagowan v. John Forbes in Cushnie.
Subject matter not stated. The Defender did not appear and the libel was " in penam
contumacie " admitted to the Pursuer's probation. The Pursuer had a diet of proof on
19 March, to which the Defender was cited and did not appear and the same order was
repeated.

Feb. I. Nature of Action not disclosed. James Gordoune in Abd. v. George Blakhall

in Drymmeis. Defences lodged but no subsequent entry found.

DD

209

Aberdeenshire Sheriff Court:
1617.

Feb. i. Decree of Payment. Alexander Low, Cordoner in Abd. v. David Lyoune

in Ardoes of Balhelvie. The sum of £6 was asked, for which the Defender was
cautioner for Andrew Bedie also in Ardo, together with 13/4 of expenses. The
Defender not appearing, the Pursuer deponed "that the said Dauid restit him the said
sowme " and obtained decree. .

Decree for Wrongous Intromission. John Williamsone, burgess of Abd.
•v. Duncan Blakhall in Clerkseit, James Brabner and Alexr. Blak, Maltmen, burgesses
of Abd., Wm. Lowsone, Patrick Jak, Alexr. Kempt, Patrick Gray, Mr. William
Moir "ane maister of the College Merschall." Mr. Robert Paip appeared for all the
Defenders, both principals and "pairteis admittit for thair entres" and passed from the
whole defences [probably dilatory defences], upon which the libel was admitted to the
Pursuer's probation. On 19 March at a first diet of proof three witnesses were examined
regarding the quantity of beir intromitted with. At the second diet on March 26 three
witnesses were examined. At a third diet on July 2 a large number of productions were
lodged by way of proof. Decree on July 30. [Infra p. 222.]

Decree of Removing. Thomas Murray, burgess of Abd. v. Thomas Moir
in the Mains of Culler, Richard Troup there, Richard Merschall there, John Merschall
there, Alexander Cuming there, and John Mylne in Insche of Culter. The Pursuer
was heritable proprietor of " the salmond fisching of the water of Die callit the salmond
fisching of the barronie of Murlhill lyand within the parochines of Banchorie Devnik
and Peterculter respective," of which the Defenders were said to have been in violent
and masterful occupation since the "feist and terme of Andersmes" 1616. The
Pursuer's Sasine was dated 5 August 1607. Notary Mr. Arthur Watt.

5. Action of Removing. George Strathauchine of Glithno v. William Clerk in

Petmedden. The lands are not specially mentioned ; but there was produced for the
Pursuer an Instrument of Sasine of date 9 December 1613. Notary John Donaldsoun.
The Sheriff assigned February 12 for lodging defences. Various subsequent entries
have been found, but no decision.

Decree for Payment. George Frensche, Cordoner, burgess of Abd. v. James
Paull in Auchinclache, James Strathauchin in Kirktoun of Skene, Alexr. Kennedie in
Frosterhill, Alexr. Paull in Bilbo. Decree passed against James Paull for £4 for
leather. Against Strathauchin for 4O/- for leather, Kennedie 5 merks and 6d. for
leather and 6/- for two loads of peats, and Alexr. Paull 16 merks and 8d. for leather
with 5/- each for expenses of plea.

Decree of Forthcoming. Win. Cruikschank in Meikill Warthill v. Isobell Dune,
widow of James Thomsone in Lumfuird. By a decree arbitral registered ' ' in the buikis
of this present Auditorie" on n December 1617, John Couper in Auldcraig, as taking
burden on him for his brother, William Couper, was ordained to pay to the Pursuer £60.
The Defender, Mrs. Thomsone, was due loo merks to John Couper, which had been
arrested by Cruikschank. Decree of forthcoming for ^60 was now pronounced with
2O/- of expenses.

2TO

Decree Books: Vol. IL, Contents

1617.

Feb. 12. Nature of Actions not disclosed. Robert Cassie, Cordoner in Abd. v. Alexr.

Irving of Waster Collairlie, Alexr. Jamesone, Tailzeour in Aberdeen and Marjorie
Fergussone. Defences were lodged by Jamesone and Fergussone, but not by Irving.
As against the last named the term was circumduced, but the case does not appear
again.

Alexr. Fraser of New Forrest v. Magnus Smith in Denend. Fraser sued as
Assignee of Margaret Hay, who was the widow of Mr. Michael Fraser of Techmuirie.
An Interlocutor was pronounced on June 25, in which the consignation of 4O/- was
made a condition precedent to the defender leading proof of improbation.

Decree for Payment. Patrick Mengzeis, burgess of Abd. v. George Broune
in Mure of Rynie, George Philp at the Tempill of Chrystis Kirk and James Adame in
Dumoyes. Merchandise. Decree against Broune for ,£8, against Philp for 16 merks,
and against Adame for £24, with 13/4 each for expenses. The record bears that the
Defenders had been summoned to appear that day and often before to give their oaths
of verity with certification pro confesso.

Decree for Payment. Matthew Robertsone, burgess of Aberdeen v. Patrick
Gray in Johnestoun. Decree for 25 merks 5/- of money with 13/4 for expenses.

Decree for Payment. John Pettindreiche at the Ower Mylne of Crowden v.
William Hantoun in Southesses. Decree for 5 firlots of oats at £6 p. boll, 5 firlots of
beir at £8 p. boll, with 2O/- for expenses.

Nature of Action not disclosed. John Stewart in Kincraigie v. Andrew Mitschell
there. Continued to 19 February for Interlocutor, but no further entry found.

Decree for Payment. William Touche in Findlatrie and Elspet Forbes, his wife
v. James Forbes in Ardlar, father of the female pursuer. The Pursuers were married in
July 1613. The Defender promised 200 merks with his daughter " in dott and tocher"
which he had not paid. Elspet left three ewes belonging to her in her father's keeping
at the time of the marriage, which he retained. This decree was for payment of the 200
merks and of 43/4 for each ewe with 2O/- for expenses. Claims for interest on the
money and the "excrescent profits" of the ewes were departed Irom.

19. Nature of Action not disclosed. John Gareoch in Badevin v. Win. Gillespie in

Meikill Endovie. Along with the summons the Petitioner's procurator produced a
petition and for instructing thereof an Assignation and Intimation "quhilk was instant-
lie taken up be the producer." The case disappears without a final judgment.

Decree for Payment. Ronald Chessour, burgess of Abd. v. James Scot in
Inverourie and John Fergus there. The Pursuer had the gift of the escheat of one
Alexander Gawan, deceased, to whom Scot owed 4O/- and Fergus 24/- of " borrowit
siluer," for which decree was now given against them, with 3/4 each for expenses.

Aberdeenshire Sheriff Court :
1617.

Feb. 26. Nature of Actions not disclosed. Andrew King, Advocate [in Aberdeen] v.

John Yuill, sometime in Murthill, Alexr. Craig in Auldfauld, and Andrew Craig in
Nether Murthill. At the first calling on February 5, an Act of the Commissariot of
Aberdeen was produced by the Pursuer. Case does not appear after March 5, when
there was circumduction on account of the failure of the Defender to lodge eiks.

Patrick Ramsay, Tailzeour, servitor to John Leslie of Balquhane v. Andrew
Touche in Brigend of Knokandochie. This case was first called on February I, and
after defences and replies had been lodged, the present diet was fixed for the giving in
of eiks by the Defender. He failed to do so, the term was circumduced, and no farther
entry has been found.

Magnus Mowat of Bolquhollie, John Moncur of Slains and Mr. Alexr. Irving,
Advocate v. Alexander Skeine of Culquhorsie. At this diet replies by the Pursuer
to the eiks to the defences were handed in, and the Sheriff assigned March 5 to
pronounce interlocutor, but no farther entry has been found until 4 March, 1618, near
the end of the volume, when the cause was awakened.

James Smyth in Elrick r. John Gareoch in Badevin and James Gareoch his son.
After a couple of enrolments, this case disappeared.

James Leslie at the Mylne of Warthill i>. John Leslie of Wardesand Robert Glenny
in Brigend. After defences were lodged, the case dropped out of the roll.

March 5. John Lytilljohne in Kearden, Takisman of the tua pairt of the toune and landis of

Cragmylne and fermorar thairof v. Hector Dauidsone in Pettodrie. Defences ordered
on March 12. On June 4 the defences were repelled and proof allowed.

James Walker in Peterheid 7.1. George Gardyne in Conzeack. This case was set
down to have a diet fixed for proof of the Defender's peremptory exceptions, which
ought to have been adduced on 3 July, 1616. March 19 was fixed for the purpose.
On April 12 there was produced by the Defender a tack of the " half tua pairt landis of
Thundertoune," dated 23 March 1611.

Decree of Wrongous Intromission. Alexr. Murray, burgess of Abd. v.
Alexr. Symmer in Boddumes. The Defender was said to have " melled and intro-
mettit " with grain bought by Pursuer from Andrew Cargill in Boddumes; but was
assoilzied by virtue of his oath from all, except some 3O/- worth, for which, with 6/8 for
expenses, there was decree.

Action of Spuilzie. George Chalmer of Balbithen and George Crich toune of
Bailziestoune, his factor and chamberlain v. Henry Ray in Petcapill. 12 March
assigned for defences, which were lodged, but no entry has been found after 12 April.

12. Nature of Action not disclosed. Patrick Leyth of Licklieheid v. Walter Idill in

Auchlyne. In respect of failure to lodge eiks to the defences, the Sheriff granted
circumduction. Admitted to Pursuer's probation on 12 April.

212

Decree Books: Vol. fl., Contents

1617.

March 12. Decree of Wrongous Intromission. Donald Andersone in Kintoir v. Stephen

Mackie at the Mylne of Kyntoir. Decree for a load of meal crop 1604, estimated at
six firlots, price per boll 12 merks. One boll of malt crop 1612, price £10. Expenses
of action 4O/-

19. Nature of Action not disclosed. Thomas Gordone of Grandome v. Wm. Daniell

in Auchrathe. The pursuer sued as Assignee of one William Allanache and Beatrix
Russel, his wife. The Court fixed 26 March for pronouncing Interlocutor, when all
the defences and eiks were repelled and the libel admitted to the Pursuer's probation.

Action for Rents. John Gordoune of Petlurge v. James Cheyne in Elrick.
Continued to next day for replies to the defences. After many diets there is an im-
portant entry on I Octr., when the Defender cited the Pursuer, Gilbert Johnestoune of
Peddeismylne, Mr. Geo. Ilervie, Notary, John Duncane in the Mains of Straloche
and John Gordoane of Chappeltoune. To the diet on October 31 there were
summoned as witnesses, in addition to the foregoing, Mr. Robert Gordoune of Fechill,
who was admitted and sworn, Wm. Gordoune at the Mylne of Straloche, " quha was
repellit in respect of affinitie than rakint at the bar," Johne Johnestoun in Owertoun
and George Gordoune in Brunthill, objections to whom were taken to avizandum.
Case not mentioned after 12 November.

Nature of Actions not disclosed. Alexr. Craufuird, portioner of Raithen, as
Assignee of George Craufuird of Annochie v. John Low in Auchnagat. Objections
were given in against the productions and replies ordered on 26 March.

Mr. Wm. Gordone of Carnefeild v. Mr. Alexr. Innes of Danisloune. Letters of
Advocation presented stopping case until the last day of March.

Action of Damages. Hector Dauidsone in Pettodrie t'. John Lyttilljohne some-
time in Cragmylne then in Kearden. The Pursuer sued for ^100 "for the interest to
be sustenit be the said persewar in nocht mainteinning of the biging of the rowme of
Cragmyll." Defences to be lodged on 26 March.

Decree for Payment of Borrowed Money. Isobell Ilervie, widow of James
Thomsone, Flesher in Abd. v. Janet Williamsone in Petmuckstounc. £4 . 6 . 8 of
borrowed silver sued for. The Defender had been personally summoned but did not
appear. The claim was then referred to the Pursuer's oath. The result was a decree
with 6/8 of expenses.

Decree in Supplement. Damages. Mr. John Leythe of Blairioune, Com-
missary of Abd. v. George Gardyne in Wastburne. This was a decree in supple-
ment of a decree of the Court of the lands of Blairtounc, held on 16 November, 1614,
by which the Defender along with Andrew Davidsone in Blairtoune was found liable
of his own consent to put the Mill of Blairtoune in repair under the penalty of ^40 to
be paid equally between them. By this decree Gardyne, who had left the laird of
Blairtoune's lands and jurisdiction, was ordained to pay £20, being his half of the
penalty, for failure to repair the Mill.

213

Aberdeenshire Sheriff Court:

1617.

March 20. Nature of Action not disclosed. Mr. William Chalmer, portioner of Waster

Fintray v. Andrew Dauidson in Middill Disblair. Various interlocutory entries are
found previous to July 31 when the Defender was allowed a proof prout de jure of his
last defence and eik, all the other defences being repelled. The Sheriff changed his
mind, however, at a later stage. {Vide 3 Dec. infra.}

Decree for Wrongous Intromission. William Barnet, Tailor, burgess of
Abd. v. Andrew Andersone in Petmuckstoune. Three ewes belonging to the
Pursuer and marked with his mark were being pastured on the possession of James
Alschioner in Rubislaw when the Defender took them. The Defender was ordained to
restore them or pay 4O/- for each with i6/- of expenses. The value asked by the
Pursuer for each ewe was ^4.

Action of Improbation. The Procurator Fiscal and Andrew Hervie elder of
Elrick, and others v. George Currour of Swailend. An action at the instance of
Currour against the Ilervics was pending at this time {vide infra 29 March) and
approaching decision. This action to improve (disprove) the execution of the summons
in the pending cause was apparently raised by way of a desperate attempt to stave off a
judgment in the principal cause. It was not successful.

26. Nature of Actions not disclosed. IJarie Gordounc in Haddo z1. John Gordoune of

Tillielt. Interlocutor to be pronounced on the following day ; but no farther entry
found.

George Annand, lawful son of Mr. William Annand of Collihill v. James Setone
of Pctmedden, Janet Setoun, widow of Mr. Wm. Annand of Collihill, and Arthur
Chalmer in Abd., her husband, for his interest, and George Chalmer of Balbithen,
admitted for his interest. This diet has been fixed for the Sheriff to pronounce inter-
locutor upon an exception proponed by George Chalmer of Balbithen : but the Sheriff
refused to admit it because Mr. Arthur Watt, procurator of George Chalmer " refuisit
to giwe his aithe that he haid informatione of the said George Chalmer to propone the
samen or that he believit his informatione was trew. " The defences were also repelled
and proof allowed. At the first diet of proof on 12 April, it was proved that the Pursuer
was born in December 1614, and was therefore of age. The question of whether the
lands of Lochtulloche had been redeemed or not was also the subject of evidence.

Decree of Wrongous Intromission. Alexander Mowtray in Auld Abd.,
Assignee of Robt. Skeine, burgess of Abd. v. William Galloway, Cordoner in Abd.
The Defender was ordained to deliver to the Pursuer " tua sufficient new glassin
wundowis of new glass of compas wark of fourtie four futes pryce of the fute sex
schillingis " or to pay 6/- per foot for the glass. The Pursuer claimed £$ " for penting
of the defenderis storme wundowis and peit steanis of his hous conforme to the valour
of the oylis and warkmanschip in performing lhairof." Instead of ^4 there was
allowed for this 33/4. The expenses were fixed at 26/8.

214

Decree Books: Vol. H, Contents

1617.

March 29. Decree of Wrongous Intromission. George Currour of Swailend in Saint

Machar v. Andrew Hervie, elder of Elrick, James and Andrew Hervie, his sons. As
proprietor of Swailend the Pursuer claimed a holding sometime occupied by one James
Donald, then in Monycabak and the crop thereon, which for farther security he arrested.
The Harveys took possession of the crop, but after considerable litigation were found
to be wrong. The Pursuer stated the crop at 120 bolls oats and 40 bolls beir. The
mode of estimating the quantity was " Ilk thrie thrawis1 aittis estimat to ane boll corne
Ilk four thrawes beir estimat to ane boll beir . . . Inde auchtein scoir thrawis
aittis with the fodder." Price of oats stated at £6 of beir £8 per boll. The Pursuer
had to be content with a decree for 36 bolls of " brokit corne" with the fodder, at 5
merks per boll, and 4 bolls beir with the fodder, at 8 merks. Expenses ^5.

Nature of Action not disclosed. Wm. Reid in Pettindreiche v. George Gordone in
Tillinessill. The last day of April assigned for defences. On June 25 the term of
lodging eiks to the defences was circumdaced. On November 12 the defences were
repelled except the defence of Improbation.

Action of Spuilzie. Walter Ortoune in Auld Abd. v John Touche, elder,
burgess of Abd. The last day of April assigned for defences. After various procedure
appearance was withdrawn for Defender on 31 Oclr. At a first diet of proof on 12
Novr., Wm. Watt, Notary, and Wm. Garioche, officer, were examined for Pursuer, but
no farther entry has been found.

Nature of Action not disclosed. James Ilervie of Elrick, Assignee of Andrew
Hervie, his son, v. Mr. Wm. Leslie of Siveildie. Defender passed from his appearance
and libel admitted to the Pursuer's probation. Decree on 30 July.

Action of Mill Multures. Alexander Gordoune at Kethokismylne v. Patrick
Leyth in Ealgonie. Defences to be lodged on 4 June, which was done. After all the
written pleadings had been lodged, the Sheriff on 9 July fixed 16 July to pronounce
Interlocutor, but no farther entry has been found.

Nature of Actions not disclosed. George Chalmer, younger, burgess of Abd. v.
Duncan Blakhall in Clerkseit. The Pursuer's Procurator produced letters of Inhibition
and executions thereof. Various procedure ensued, but the case was not on the roll
after 9 July.

Robert Moreis in Cremond v. Magnus Gellan in and John Frost there.

Defences to be lodged on 4 June. Ultimately the time for lodging eiks to the defences
was circumduced on 23 July.

Decree for Violent Profits. John Gordoune of Auchindoir v. Robert Gordoun
at the Mylne of Auchindoir. The Defender had been in wrongous occupation of the
Mill, mill lands and a croft called Blakhillok since Whitsunday 1615. The \alue of the
grazing of 10 oxen, 6 cows, 6 horses," 60 yeild nolt and 120 sheep and lambs was sued
for but not allowed. The multures, knaveships and sequels of the mill were also sued
for and allowed : but while there was claimed for these 6 firlots of victual half meal
half malt every 24 hours at ,£8 per boll, the amount decerned for has been unfortunately
left blank. Expenses 5 merks. The defences had been withdrawn, and proof allowed
so far back as 26 July 1616.

I. A thrawe or threave seems to have consisted of 24 sheaves.
215

Aberdeenshire Sheriff Court:

1617.

March 29. Action of Spuilzie. Mr. James Leask, Minister of Cuschnie v. John Thomsone

in Kirktoune of Awfuird, John Calder there and Alexr. Coupar in Argethin. Subject
of Spuilzie not mentioned. On 30 July the defences were repelled, and the case remitted
to the Pursuer's probation. On 31 Octr. there were examined as witnesses, John Reid
in Brydiswall, John Roberlsone in Knokriauche, William Clerk in Kirktoune of Cuschnie
and Robert Morgin in Belnakellie. The Defender desired the Pursuer's oath of calumny, '
which he gave.

Decree for Payment of Borrowed Money, etc. John Andersone, Cordoner in
Abd. v. Duncan Forest in Petfour, Alexr. Murray there and Robert Andersone there.
Decree against all Defenders conjunctly and severally for 16 merks of " borrowit siluer,"
and also against Forest for i8/- for a pair of shoes. Expenses decerned for 4O/-.

Decree for Payment of Annuity. Mr. Alexr. Irving, Advocate [in Aberdeen]
v. Andrew Hervey of Elrick. By Letters of Obligation dated 4 February 1608, Ilervie
hnd bound himself to pay Irving £10 per annum from Whitsunday 1608 during the
latter's life. Nothing had been paid, and decree was asked both for the past due and
future payments. This was granted for what was past due ; but the Defender was
assoilzied pro loco el teinpore from the other conclusion, without prejudice to the Pursuer
to sue for the future payments " as accordis of the law."

June 4. Nature of Action not disclosed. John Cruikshank in Kintoir v. Henry Smart

there. Defences and eiks repelled, and libel admitted to Pursuer's probation.

18. Action of Deforcement. Mr. Wm. Barclay, Procurator Fiscal, and James
Wilsonc in Balhenie, sometime in Towburne, for his interest v. Alex. Wilsone in
Cowdrain and Alexr. Gordoune of Blelok. Defences lodged. Replies to be put in on
June 25. No entry found after 16 July, when the Pursuer's replies to the Defenders'
ciks were lodged.

Nature of Actions not disclosed. John Andersone in Kintoir v. William Makie in
Tofthillis. Replies to defences to be lodged on June 25, but this is the only entry
found.

George Michie in \Vedderburne v. Robert Home in Beigishill. Replies to defences
to be lodged on June 25. The term for lodging Eiks to the defences was circumduced
on 9 July.

Marjorie Mengzeis, widow of Mr. Gilbert Gray, Principal of the New College of
Abd. v. John Wallace in Beildsyde. Defences to be lodged on June 25, which was
done, after which no entry found.

Decree of Removing. Mr. Wm. Ray, Advocate in Abd. v. John Ilervie,
Robert Chalmer, Henry Ray and Thomas Mackie, all tenants in Wester Fintray. The
Pursuer, produced Sasine of the lands dated 3 July, 1616. Notary John Leslie.

19. Decree of Removing. Wm. Udnie of that Ilk, Donator to the liferent and
escheat of John Gordoune of Newtoune v. George Schand in Newtoune of Wranghame
in Culsalmond. The Pursuer produced a Charter and an Act of the Court of the
Barony of Newtoun held within the [?] woman house thereof on 27 May, 1617, bearing
that Defender had agreed voluntarily to remove from the plough of land called Brokiesyd.

2l6

Decree Books : Vol. IL, Contents

1617.

June 20. Decree of Removing. Gilbert Baird of Auchmedden v. Charles Kennert in

Bottinkairne of Auchmunzeall. The Defender was ordained to remove from eight
oxengait of Netherhill of Auchmunzeall in the parish of Deer. Sasine dated 20 June,
1594. Notary the late John Symsone.

Action of Removing. William King, son of the late William King in Dumbrek,
with consent of John Bruce of Grayas-Fortrie and James Johnestoune of Isakstoun, his
curator v. Mr. James Ord of Dumbrek and John Walker in Aiihous of Dumbrek. The
Defenders were sought to be removed from the sunny half of Aiihous of Dumbrek, in
the parish of Udny, of which the Pursuer was stated to be heritable proprietor (pro-
bably in wadset). There was produced a sasine of date 29 January, 1617. Notary
Andrew Cruickshank. This case was advocated on 23 July.

25. Action of Spuilzie. Absolvitor. Troyalus Knight in Fraserisburghl v. Patrick

and Alexander Crowdane in Kinglasser. The Defenders were charged vvilh 4 tethers
at 2/- each, said to have been cut by them and their servants from the Pursuer's horses.
Three plaids at ^4 each taken from the Pursuer's herds. Alexander was said to be due
2O/- of borrowed silver and for drink. Patrick i8/- for borrowed silver and drink, a
peck of meal io/-, 3 bolls of corn eaten by a foal in 1615 at £4 per boll and a boll of
calf corn eaten in 1616 at 5 merks per boll. On a reference to their oaths the Defenders
" denyit the haill contentis of the said petitione " and were assoilzied.

Decree of Removing. Robert Keythe of Auldmad v. Gilbert Keythe in Mains
of Ardmacher. The "sone pleuche of the Mains of Ardmacher" in the parish of
Deer. Sasine produced dated 7 December, 1610. Notary the late William Jak.

Decree of Removing. John Forbes of Brux v. James Mowatt in Mains of
Muresk. The " sone east pleuche of the Mains of Muresk," in the parish of Turriff.
Pursuer's Sasine dated 26 September, 1607. Notary the late William Ogstoune.

Action of Removing. Thomas Murray, burgess of Abd. v. William Austein at
Mylne of Murthill. The " equall half of the Mylne of Murthill, croftis, Mylne land
housis," &c., "in the parochins of Peterculter and Banchorie Devcnik." Pursuer's
Sasine dated 5 August, 1607. Notary Mr. Arthur Watt.

July 2. Nature of Actions not disclosed. Procurator Fiscal and Adam Fraser of Finzeauche

for his interest v. Alexander Shref and John Copland. Only this and two or three
formal interlocutors have been found.

John Richie in Torryleith v. James Symmer at the Mylne of Gawell. In absence
of the Defender summons admitted to the Pursuer's probation.

Decree of Removing. Isobell Forbes, Lady Balbegnocht v. Patrick or Peter
Dickie in Aiihous of Kinmundie. The Pursuer was liferentrix of the croft called " the
Aiihous Croft of Kinmundie " in the parish of Peterheacl in virtue of Sasine produced,
but of which the date is not given. Notary Alexander Youngsone.

EE 217

Aberdeenshire Sheriff Court :

1617.

July. 2., Decree for Damages. Pig-sticking. Allaster Andersone in Rippachie v.
Duncan Name in Knoksoull, James Makmay in Kinnadie, John Lowrance in Cotter -
toune of Pettalachie, Duncan Smyth in Knoksoul, John Ker, elder and younger there,
Thomas Makmei there and Alexr. Cuik there. The Defenders were charged with
" the wrangous slaying and stiking of tua suyne and ane sow " belonging to the Pursuer
in August 1616, and were found liable. The value put upon each animal by the
Pursuer was £10, in addition to the " excrescent profits" of the female, which, accord-
ing to the theory of the Pursuer, would have produced in the interim three litters, each
litter numbering 18 gryces [sucking pigs]. The Sheriff Depute, after hearing proof,
allowed 30 merks for the three " stikit " pigs with 4O/- of expenses, ignoring altogether
the progeny which might have been.

Action for Payment of Malt. Wm. Forbes in Kynmundie v. George Calder
and Margaret Mitschell, his wife, in Kingiswallis, James Auldmeill, Isobell Sang in
Schethokisleye, Wm. Porter in Foulertoun and Wm. Wagrell, in Tailtie. On behalf
of a'l the Defenders, except Auldmeill, an opportunity was asked to lodge defences, but
upon July 23 there was a decree against Calder to pay two firlots of " rin met malt "
price 5 merks 6/8d., and Auldmeill three firlots malt price 8 merks 4/4d., with 6/8d.
each for expenses.

July 9. Decree of Transferring. George Johnestoune, burgess of Abd. v. George

Johnestoune of that Ilk, as heir to his father John Johnestoune of that Ilk. By this
decree the obligations contained in a Discharge and Bond of Warrandice granted on
February 2, 1610, by John Johnestoune of that Ilk and Caskieben in favor of the
Pursuer were transferred passive in the person of the Defender, as heir served to his
father. The circumstances under which the deed was granted are stated at great length
in the Bond, which is engrossed verbatim in the Decree. The following is a summary :
— Thomas Johnesloune, burgess of Abd., uncle of the Pursuer, sold the lands of
Middiltoune of Disblair, Toux, Ordeis, Suttetoune and Bruntlandwaird, in the Regality
of Lindores and Barony and Parish of Fintray, to John Johnestoune, the Defender's
father, with clause of absolute warrandice ; but Helen Arbuthnot, widow of John
Leslie in Boggis and wife of John Gordoune of Tilligrig, claimed to be liferentrix of the
shadow fourth part of Middiltoune of Disblair, as conjunct fiar with John Leslie, her first
husband, in virtue of a conveyance from the late Archibald Wod, of earlier date than
Wod's disposition to Thomas Johnestoune. Helen Arbuthnot, now Gordoune, raised
actions in the Court of Session against both George Johnestoune, as heir to his uncle
Thomas, and John Johnestoune of that Ilk, for payment of the rents for the period since
her first husband John Leslie's death in 1 590. The rents and services were stated to
be "tua chalders wictuall tua pairt meill and third pairt beir ane dossone of cappones
ane dossone of pultrie ane weddir ane lamb." Owing to the " mediatione and
intercession of certane my weill effected freindis " and in consideration of a payment
of 800 merks, the late John Johnestoune had discharged and relieved the Pursuer,
George Johnestoune, of these Court of Session actions and took the whole burden on
himself and his heirs. Among the witnesses to the deed were Robert Johnestoune of
Crimond, Gilbert Johnestoune of Taweltie and Mr. Robert Davidsone, Advocate, in
Abd.

218

Decree Books: Vol. IL, Contents

1617.

July 16. Nature of Action not disclosed. William Setoune of Blair v. Andrew Peirie in

Auldtounleyis. Replies to defences ordered for 23 July but case is not mentioned after
30 July.

Decree for Payment of Borrowed Money. Alexr. Young in Kinmondie v.
Gilbert Ronaldsone in Blakhillis, John Middiltonne in Edit, Wm. and James Phannes
in Auchlie, Patrick Davidsone in Kingiswallis, John Symesone there and John Smythe
there. Ronaldsone appeared and admitted being due 40 merks of borrowed money.
Middiltoune admitted a debt of £22 for sheep bought from the Pursuer. The other
Defenders did not appear but were found liable as follows : — James Phannes 6 merks
borrowed silver. Wm. Phannes 5 merks for a ewe and 5 merks for a wedder.
Davidsone ,£40 borrowed three years previously. Symesone 20 merks the price of
nolt and Smythe £10 borrowed two years before. Expenses io/- each.

Decree for Payment of Butter. Janet Duncan, widow of Abraham Forbes
of Blaktoune v. Alexr. Burnet, burgess of Abd. as cautioner for Andrew Hay, skipper,
in Peterheid. 21 stones of butter at 5 merks per stone with ^3 for expenses, conform
to a decree obtained against the principal debtor with 2O/- of expenses in this action.

Decree of Removing. John Hay of Cremondmogat v. Isobell Fraser, widow of
Thomas Smyth in Cremondmogat, and John and Walter Smyth, her sons. Eight
oxengait of the lands of Nethertoune of Cremondmogat, in the parishes of Cremond and
Lonmay. A Sasine was produced but no date or Notary mentioned.

Action of Spuilzie. Francis Chrystisone in Auldmad v. Robert Lowrence there.
The Defender did not appear, and the Sheriff Depute admitted the libel to the Pursuer's
probation.

Decree of Removing. John Urrie, heritable proprietor of the subjects v. Wm.
Johnestoune, elder, in Innerurie. Two and one half " ruiddis " of land on the east
side of the Burgh of Innerurie. A Sasine was produced but no particulars of it given.

Decree for Payment. Abstracted Multures. Andrew Ogstoune, Takisman of
the Milne of Crichie v. Wm. Legartwod, sometime in Kinadie then in Annachie.
A certain amount of meal for abstracted multures in the years 1610, II, 12, 13, 14, 15
and 16 at £6 per boll with 13/4 of expenses.

22. Action for Rent. Andrew Watsone in Auchlie v. James Davidsone there.

Defences to be lodged on July 24. On July 31 all the defences and eiks were repelled
except the last defence, of which the Defender was allowed a proof prout de jure.
After various diets had been assigned for proof the term for proving the defence was
circumduced on 3 December.

Decree of Removing. William, Lord Keithe and Altrie, Maister of Merschell
and James Walkar in Peterheid v. James Davidsone in Auchlie. Four oxengait of the
lands of Auchlie in the parish of Deir. Walkar's Sasine was produced, dated 19 June,
1615. Notary the late John Arbuthnot. Defences to be lodged on July 24. On July 31
all the defences and eiks were repelled except the last defence and last eik, of which a
proof was allowed per scripta. On October I the Defender referred his defence to the
Pursuer's oath of verity but this was disallowed, the proof allowed being per scripta
tantum. Decree of Removing was pronounced on October 31.

219

Aberdeenshire Sheriff Court:

1617.

July 23. Nature of Action not disclosed. Mr. Patrick Cheyne in Ellone v. Alexr. Follay

[? in Arnage]. Defences on 30 July. Last entry on I October.

Decree of Removing. Wm. Irving of Murthill v. Alexr. Moreis sometime in
Auldfauldeis of Murthill thereafter in Kennertie. The shadow four oxengait lands of
the shadow plough of the town and lands of Auldfauldis of Murthill in the parishes of
" Petirculter and Banchorie Devinnik." The Pursuer's Sasine was said to be in the
hands of John Hunter, Notary and Substitute Clerk of Court.

Action of Removing. Wm. Forbes, Fiar of Bairnis v. Patrick Leithe of
Liklieheid, Patrick Leithe, younger, his son, George Gordoune of Terpersie, John
Gordoune in Braidfuird, Robert Leythe in Liklieheid and a number of others. The
Defenders were said to have been duly warned before Whitsunday to remove from the
" aucht pairt of the toune and landis of Auchlewin" in the parish of Premnay.
Pursuer's Sasine, 12 July, 1615. Notary George Barclay. Defences ordered on 30
July, but the end of the case is not reached in this volume.

Nature of Actions not disclosed. Adam Quhytcors at the Mylne of Kinguiddie v.
Andrew Cuming in Hillok of Auchinhuif. Defences to be lodged on 30 July. This
not being done the term was circumduced.

Andrew Walker in Cottoune of Gicht v. Wm. Angous in Lethintie. In absence
of Defender the Pursuer's petition admitted to his probation.

James Chessour, Girsman in Counteswallis v. Win. Yuill in Hall of Murthill and
James Yuill in Newtoune of Murthill. Defences to be lodged on 30 July, but no entry
found then or afterwards.

Decree of Removing. James Garioche of Kinstair and Mr. James Skeyine of
Waster Corss v. Margaret Ranie, widow of John Smyth in Meikill Endovie, James
Smyth now her husband for his interest, and Thomas Foullartoun in Milne of Badinley.
The Defenders were ordained to remove from Meikill Endovie and Mill of Badinley
respectively of which there was produced for the Pursuers a Sasine dated 31 May, 1616.
Notary William Forbes.

Nature of Action not disclosed. Alexander Cuming, Tailzeour, burgess of Abd.
v. Margaret Waus, widow of the late in Petfoddellis. July 29

assigned for defences, but no entry then or afterwards.

Action of Mill Multures. James Garioche of Kinstair and Mr. James Skeyine of
Waster Corss v. John Lumisdane of Tillikayrne. The Defender, Lumisdane, maintained
that he was astricted to pay only three bolls malt and seven bolls meal to the Pursuer's
mill for crop 1616 and offered to do so provided they had right to exact it. The offer
was not accepted and defences were ordered for 31 July. The Pursuer's Sasine of the
Mill and Multure was produced but no date is given. Decree was pronounced against
Lumisdane on 18 March, 1618, for payment to Garioche of the equal half of 3 bolls
malt and 7 bolls meal as dry multure, with £$ of expenses. It was found that the
Pursuer, Garioche, had a title by disposition from Wm. Forbes of Corsinday.

220

Decree Books : Vol. IL, Contents

1617.

July 23. Decree in Supplement. Rent. Alexander Buchane in Lamermuir v. John

Lyne at the Mill of Litill Drumquhendill. At the Court of the Barony of Little
Drumquhendill held within the Manor House on 15 January, 1617, the Defender con-
fessed that there was due to the Pursuer as principal tacksman of the shadow plough of
the sunny side of Litill Drumquhendill certain rents for crops 1615 and 1616, and the
Act of that Court was now produced for the purpose of obtaining Decree in Supplement,
which, in the absence of the Defender, was granted. It appears from the entry that
Gilbert Reid was Fiar of Drumquhendill at this time.

25. Nature of Actions not disclosed. Janet Duncane, widow of Abraham Forbes of

Blaktoun v. John Boigie in Badintuye. In the absence of the Defender the Pursuer's
libel was admitted to her probation.

30. James Gordoune in Clat v. Alexr. Scherar in Scoltis Miln. Defences lodged and

answered. After various procedure the case was advocated on December 23.

Duncan Forbes of Auchterkeig v. Arthur Urquhart and John Strauchin. Defences
lodged. Replies ordered for the following day and lodged then, but no further entry
found.

Patrick Hendersone in Pervynneis v. Constantine Buchane in Lochehillis. Defences
lodged and answered. The term for lodging eiks to the defences was circumduced on
I October.

Decree of Removing'. John Leslie of Wardes v. Tennants of Innerurie (a large
number). The Pursuer's summons styled him "heritabill proprieter of the Dawacht
landis and ruiddis " of Innerurie. The date of the Sasine produced was not given.

Action for Rent. Wm. Gordoune of Sauchine v. Robert Aikine, sometime at
the New Milne of Sauchine then in Auchquhathe. The Pursuer sued for payment of
10 merks each for 7 bolls of oats of past due rent. Circumduction of the term for
lodging defences was asked and granted on 31 July.

Nature of Actions not disclosed. Alexr. Crudane in Kinboig v. Troyalus Knicht
sometime in Kinglasser then in Fraserburgh. Defences ordered for next day and then
lodged, but no further entry.

John Wilsone in Kinmondie v. Patrick Forbes in Fynnersie. The term for
lodging eiks by the Defender was circumduced on I October.

Decree for Payment. John Andersone, Cordinar, burgess of Abd. v. Alexr.
Andersone, son of the late Gawyne Andersone. Decree passed in absence for £$ io/-
of borrowed silver with io/- of expenses.

Nature of Action not disclosed. Lillias Craufurd, Liferentrix of Craigiehill v.
Alexr. Bowman, Andrew Kid and William Wilsone all in Elrik. In absence of the
Defenders the Pursuer's petition was admitted to her probation. In an entry on 31
October the Pursuer is designed " relict of Umqll Robert Innes in Meikill Elrick."

221

Aberdeenshire Sheriff Court:

1617.

July 30. Action for Breach of Contract. Absolvitor. John Ritchie in Torrileith &•.
James Symmer at the Milne of Cawill. The Pursu r sought entry to a house, but on a
reference to the Defender's oath he deponed that the Pursuer promised to " big " the
house before Whitsunday, which he had failed to do.

Decree of Wrongxms Intromission. John Williamsone, burgess of Abd. v.
Duncan Blakhall in Clerkseit, Alexr. Blak and James Brabner, Maltmen, burgesses of
Abd. The Defenders were ordained to restore 10 bolls "ferine beir " and 10 bolls
" seid beir " with £$ of expenses. The entry is long but the following is a summary.
In the month of May, 1615, the Pursuer, who was the proprietor, let for five years to
Andrew Broune, then indweller and burgess of Abd., "his four croftis of land callit
Aidiepringill Langrig Spittellhill and Croft besyde the Lipperhous " and also a barn
and yard " lyand upone the wast syd of the Gallowgait" on certain terms, lie also,
on certain conditions, advanced to him beir to sow the crofts. The produce was
stacked in the yard above mentioned. The tenant evidently got into difficulties and
the stacks in the yard were arrested at the landlord's instance, as well as at the instance
of his wife, Bessie Burnet. The Defenders, doubtless creditors of Broune, subsequently
removed the stacks, but were found liable by this decree to make good the arrester's
claim. [Vide supra, p. 210.]

Decree of Spuilzie. Troyalus Knicht in Fraserburgh v. Alexr. Crowdane in
Kinglasser and Patrick Crowdane, his son, there. It would appear that the Pursuer
had preceded the Defenders in the occupation of Kinglasser, in the parish of Rathen,
and that in the month of September, 1616, the Crowdanes had taken possession of the
crop then in stook upon the farm. What the Pursuer sued for was " thrie scoir thrawis
aittis and tuentie thrawis of beir Ilk four thrawis aittis estimat to ane boll Ilk thrie
thrawis beir estimat to ane boll " at £$ per boll for the oats, and £j per boll for the
beir, besides " excrescent profitis." What was decerned for was 7^ bolls of oats at 5
merks and 4 bolls of beir at £$. Expenses of action ^"4.

Decree for Payment of Borrowed Money. James Hervie, son and assignee of
Andrew Hervie of Elrick v. Mr. Wm. Leslie of Seveildie. Decree for sums of 100
and 200 merks with interest on the latter sum from 1597 to Martinmas, 1615, "accord-
ing to the Act of Parliament." Expenses ,£4.

31. Action of Spuilzie. James Donaldsone, burgess of Abd., Donator to the escheat

and liferent of James Keythe of Kinadie v. John Clerk in Strathry. The Defender did
not appear and the libel was admitted to the Pursuer's probation.

Action for Payment. John Gordone of Craig v. John Gordoune in Drymmeis,
John Cow there, George Blakhall there, James Gordoune, sometime in Drymmeis, and
Alexander Blakhall of that Ilk. The Pursuer sued for certain victual due to him by
John Gordon in Drymmeis and George Blakhall, for whom the other Defenders were
cautioners. At this diet he protested for the highest prices.

Decree Books: VoL H, Contents

1617.

July 31. Decree of Removing. William Irvine of Beltie v. Wm. Keythe in Ower Altrie,

Thomas Martein in Nether Altrie and John Keyth in Nether Altrie. The Defenders
were summoned to remove from the " middill pleuche and aucht oxingait of Ower
Altrie;" from the " schaddow four oxingait of Nether Altrie" and from the " sone
pleuche of Nathair Altrie " respectively, these holdings being all in the Lordship of
Deer. Pursuer produced Sasine dated 15 October, 1616. Notary Mr. Gilbert Ross.
Mr. Win. Keythe appeared and was ordered to lodge defences on the second day of
the " heid Michealmas Court ; " while decree passed against the other Defenders.

Octr. i. Action for Rent. John Strauchine at the Mylne of Auchtercoull v. James Cowtis

in Tailzea. To this diet of proof there were summoned as witnesses for the Defender
John Gordoune of Tilliquhodie, Robert Cowtis of Auchtercoull, Patrick Gordoune of
Kincraigie, Mr. James Straquhan, persone of Coldsteane, Mr. Wm. Robertsone,
Minister at Tarlen, John Gordoune in Tilliludge, John Straquhan in Strathmore, John
Ross there and John Tais, of whom the laird of Auchtercoull and John Gordoune in
Tilliludge only attended. An instrument under subscription of Robt. Stewin, Notary
dated 7 August, 1616, was produced. After two subsequent diets, at which none of
the witnesses were produced, the term for proving the defence was circumduced on
3 December. No later entry found.

Action of Spuilzie. John Merchand in Kincardyne O Neil v. David Canzeauche
at the Mylne of Camphell. Defences to be lodged on October 31, which was done,
but no farther entry has been found.

Nature of Actions not disclosed. George Leslie of that Ilk v. William Dawie in
Chappeltoune of Leslie. The Defender did not appear and libel was admitted to the
Pursuer's probation.

Alexr. Chalmer, burgess of Abd. v. Duncan Blakhall in Clerkseit and Andrew
Broune in Abd. Blakhall was represented by a Procurator, and 31 October assigned
for defences. After replies to the defences were lodged on 3 December, no entry has
been found.

Alexr. Buchane in Lamermuir v. Mr. John Cheyne of Arnage, Alexr. Follay there,
Mr. Patrick Cheyne there, Thomas Schewan in Towie Arnage and Thomas Simsone in
Carnedelie. The Procurator for the Defender, produced a discharge dated 2 June, 1615,
and registered in the Commissary Court Book 23 July, 1617. The Defender got until
October 31 to object. At that diet no objections were produced and the term was
circumduced.

Andrew Duckisone in Wattererne v. Patrick Mernis in Rubislaw. Action awakened
and interlocutor to be pronounced on October 31, but as no farther enlry has been found
the probability is that the case again fell asleep.

223

Aberdeenshire Sheriff Court :

1617.

Octr. I. Action of Removing. Mr. George Setoune of Barra v. George Johnestoune of

Caskieben, Wm. Dune in Muirtoune, John Dune there, George Petrie there, Alexr.
and Robert Moreis at the Walkmylne of the same. Johnestoune is called as pretended
principal tenant of the lands of " Muirtoune, Walkmylne thairof, alias the Lytillmuir,"
and he and the others were sought to be removed from these and " speciallie from the
Copland fauldis, muiris and marrases of the same Lochtigrine Walkmylne of Bourtie
and croft thairof" as parts and pertinents of Barra in the Barony of Barra. Sasine
dated 5 July, 1615. Notary Mr. William Andersone. On October 31 an advocation
was produced sisting the case until November 30.

31. Action for Rent. John Forbes of Petsligo v. John Ogstoune in Lytill Bomakellie.

A rental book subscribed by the Defender was produced and also the Pursuer's Sasine
dated 6 August, 1600. Notary William Mortimer. Defences to be lodged on November
12. The pleading ran its usual course but no entry has been found after 3 December.

Nature of Actions not disclosed. Mr. Wm. Barclay, Procurator Fiscal, and
Hendrie Umphray for his interest v. Patrick Meldrum in Lenscha and Robert Broune
in Cuschnie. The cause was awakened and continued to 12 November for Interlocutor
but this is the only entry found.

Duncan Fyiff in Kincardin v. Robert Davidsone in Stranduff and his wife Bessie
and his daughter. Defences ordered on November 12 and then lodged, after which no
entry has been found.

Wm. Tower in Auchmenzie v. James Vilsone in Ardlenie (? Ardlony). Defender
not appearing the libel was admitted to the Pursuer's probation.

Bernard Stewart in Marlewall v. Charles Fyiff at the Mylne of Drumnauchie and
James Fyiff there, his brother. Defenders not appearing the libel was admitted to the
Pursuer's probation.

Win. Cuik in Urinall v. Alexr. Fraser of Forrest and Edward Fraser in Frasris-
burghe. Defences ordered on November 1 2 and lodged. No farther entry.

Action of Spuilzie. Annabell Byris, widow of Alexr. Flunter in Craigtoune v.
Patrick Hunter in Pyiktilhim. Defences ordered on November 12. On January 28,
1618, the whole defences were repelled and the libel admitted to the Pursuer's proba-
tion.

Nature of Actions not disclosed. John Forbes of Petsligo v. Edward Auldmeill
in Mains of Pitsligo. The Defender, who did not appear, is designed as " tennent
and occupiar of tuelff boliis sawing" of the Mains of Petsligo. Libel admitted to
Pursuer's probation. There was a diet of proof in February, 1618, at which a rental
book and Sasine were produced.

Gilbert Ronaldsone in Carnie v. John Galloway in Liddauche of Skene, James
Young in Bankheid, Alexr. Galloway in Hessilheid and Alexr. Watsone, Messenger.
Action awakened and defences to be lodged on November 12. No termination re-
corded.

224

Decree Books: Vol. IL, Contents

1617.

Octr. 31. Decree for Rent. James Garioche of Kinstair and Mr. James Skene of Waster

Cross v. Mr. William Burnet, Minister at Kynnernie. Being examined on oath, the
Defender admitted being due 16 bolls of victual, whereof 4 bolls of malt, for Lytill
Carneday, crop 1616, and 13 bolls victual, of which 4 were malt, for four oxengait of
Corsinday, crop 1616, with I boll of multure victual, for which and 3O/- of expenses
decree passed.

Novr. I. Nature of Action not disclosed. Wm. Udnie, elder, of that Ilk v, Andrew Adame

in Auld Abd. Defences ordered for November 12. The defences were repelled on
January 15 and a proof allowed. On January 28 the Defender failtd to answer his
citation as a witness, and the Pursuer's libel was admitted to his probation.

Decree of Removing. William Troupt of Pettindreiche v. Wm. Symsone at the
Mylne of Keig and Alexr. Symsone, his son, there. The Defenders were ordained to
remove from " the southe eist quarter lands of the said toune and landis of Pettindreiche
extending to ane pleuche of land lyand within the parochin of Keig, Regalitie of Sanct
Androwis and Shrefdome of Abirdein." Sasine dated 4 December, 1593. Notary
the late John Boig. An extract of a horning registered in the Sheriff Court books on
12 April, 1613, at the instance of Thomas Clerk and Cristiane Leslie, his spouse,
against Symsone was also produced and founded on.

12. Nature of Actions not disclosed. Alexr. Matthowsone now in Standingsteanis v.

Arthur Chalmer in Abd. Defences ordered for November 19. These were repelled
on January 15, 1618, except the last part of the first eik and the defence and eik relating
to improbation. On 5 February, 1618, there were cited as witnesses for the defence
George Chalmer of Balbithen, James Setoune of Petmedden, Alexr. Holland, burgess
of Abd., Mr. Robert Paip, Advocate, John King in Balbithen, Mr. John Walker,
Parson of Kinkell, John Andersone in Craigforthie, Harie Ray in Petcapill and George
Crichtoun of Baillyistoun, none of whom attended except George Chalmer and Rolland,
who were objected to and repelled. The end of the case is not reached.

Gilbert Mengzeis of Petfoddellis v. Andrew King, Advocate, in Abd. Defences
ordered for November 19. On 10 December the term for lodging eiks to the defences
was circumduced. On 5 February, 1618, the cause was awakened and the Defender
ordained to say " agains the new mendit lybell." The case was still in progress when
the volume ended.

James Andersone, alias Walker, in Setoune v. Alexr.- Mackie in Wattertoune,
James Leyth there, William Matthowsone there, James Fettes there, William Watt
there and Janet Suentoun there. In absence of Defenders, Pursuer's libel admitted to
his probation. There was a diet of proof on 18 February, 1618, but no result has been
found.

Decree of Removing1. The Marquis of Huntly v. his tenants. A very large
number of tenants of holdings described as " lyand within our Marqueisit of Huntlie
and Shrefdome of Abd." were found to have been in violent possession since Whitsun-
day, and were in absence ordained to remove, James Gordon of Knokespock being the
sitting Sheriff Depute. Mr. Robert Paip produced executions of warning against the
Defenders, but no Sasine or other title as was usual in such cases,

FF 225

Aberdeenshire Sheriff Court:

1617.

Novr. 19. Action for Delivery. Absolvitor. Bessie Mackie, lawful daughter of the late

Gilbert Mackie, burgess of Abd. v. Agnes Lyell, wife of George Johnestoune, burgess
of Abd., and the said George Johnestoune. The Pursuer sought delivery of " tua
broune gownes the ane thairof of fyne Lundone broune or violat claithe with ane red
border of veluet haueing thrie slikingis of silk on ilk ane of the said borders in all pairtis
of the bodie and sleiwis and round about the hem thairof price of the same " £72. As
lyikwayes . . . ane uther broune gowne of Scottis claithe pesamentit in
all pairtis pryce thairof" ^30. The Pursuer referred her case to the oaths of her
opponents, who denied ever having had the gowns and were assoilzied.

26. Nature of Actions not disclosed. Patrick Gordone of Brasmoir v. Edward Cruik-

schank in Auld Abd. In absence of Defender the Pursuer's libel admitted to his proba-
tion.

Andrew llucheone sometime in Cultis now in Petfoddellis v. Andrew Craig
in Cultis. Defences ordered on 3 December.

Decree for Payment. Patrick Mengzeis, burgess of Abd. v. Alexr. Young in
Kinmondie. £20 for " merchandice and utheris comptis and rakningis coft and
resauit " which should have been paid at Whitsunday with 2O/- of expenses.

Decree for Payment. Wm. Forbes in Kinmondie v. John Johnstoune in
Maidinecraig and Alexr. Young in Kinmondie. Johnestoune was ordained to pay
^7 io/-, being balance of £10 the price of a mare. The decree against Young was
for the price of two bolls of " quhyt aits " crop 1616 at £6 per boll, with 13/4 each of
expenses.

Decree for Rent. Patrick Leithe of Liklieheid v. Wm. Forbes, sometime at
Auchlewine now at Brig of Die. The Defender had been the Pursuer's tenant of 8
oxengait of his lands of Auchleven, and the conclusions of this action were for very
considerable sums of " byrin dewties " services and customs, in respect of the tenancy
for the years 1612, 13, 14, and 15. The prices of the grain were to be according " to
the feirs of the saids yeiris." What was decerned for was " tuelf bollis meill ferme
wictuall for the cropc forsaid [1615] pryce of the boll aucht markis sex sh viiid accord-
ing to the feir of the said yeir withe the sowme of sex pounds money for expenss5 of pley
maid in persute of the said caus." The following is the history of the process in Court,
which was apparently a normal one : — Febry. 12, summons presented ; 19, defences
lodged ; 26, Replies lodged ; March 5, eiks to defences ordered ; 12, eiks lodged and
replies ordered ; 19, Replies lodged and interlocutor to be pronounced on March 26 ;
26, no entry ; 29, defences and eiks for the Defender repelled, except the last eik, of
which proof allowed to him ; the superplus of the libel admitted to the Pursuer's
probation ; April 23 assigned for proof ; April 23, no court apparently ; 30, the
Procurators for the Defender offered to refer the truth of the defences to the oaths of
the Pursuer and his wife ; the other side protested ; July 19, three witnesses examined
for Pursuer and one called, who did not appear ; Pursuer " tuik to preiwe for the
secund;" 30, the second diet of proof; the witness who failed to appear at last diet
was examined; the Pursuer "tuik to preiwe for the third;" the Pursuer and his
wife, Katharine Skene, also appeared and gave their oaths of verity ; Novr. 26, decree
as above.

226

Decree Books: Vol. IL, Contents

\

1617.

Deer. 3. Nature of Actions not disclosed. Mr. Thomas Nicolsone, Commissary of Abd.

v. Katherine Ray, widow of James Glenny, and Wm. Stewin, her husband, Gilbert
Leslie, James Allone, all in Boigis of Fintray, John Symmer in Newlandis, James
Symmer, Thomas Rob, Magnus Symmer, Helen Symmer, widow ot James Irnesyd,
and John Leslie, her husband, all in Haltoune of Fintray. Defences to be lodged on
December 10. On January 14 the defences were repelled and a proof allowed to the
Pursuer. There is no record of the fiist diet but the second diet was on January 28,
after which no entry is found in this volume.

Patrick Gordoune of Brasmoir v. Wm. Barnet, Tailzeor, burgess of Abd. De-
fences to be lodged on December 10, which was done, but no farther entry found.

William Leslie of Warthill v. James Liddell, otherwise Ridlar, in Maynis of Eycht,
John Yeman in Culquhorsie, Alexr. Skeyne in Dumbrek, and David Alshonder in
Litill Eycht. Defences to be lodged on December 10. The case last appears in this
vol. on ii March, 1618, when the defences were repelled and a proof allowed to the
Pursuer. As excrescent profits are mentioned the case must have been one of wrongous
possession or intromission of some kiud.

Decree for Payment. Gilbert Davidsone in Quhythill v. Alexr. Walker in Deir.
12 merks for malt with 2O/- of expenses.

Nature of Actions not disclosed. Adam Gordoune of Boghoill, as factor and
chalmerlane to Wm. Gordoune of Saphak, his brother v. William Cassie in Chappel-
toune of Shewes. In the absence of the Defender the Pursuer's libel was admitted to
his probation "in quantum juris" and the Pursuer referred to the Defender's oath
" the rest of the lybell in quantum facti pro confesso" On December 20 the Pursuer's
Procurator produced a horning against the Defender as probation " quantum juris"
also the Pursuer's Sasine (no date given) and his Factory. The Defender not appearing
to depone " quantum facti" decree was moved for.

Chalmer v. Davidsone \supra 20 March p. 214]. The Sheriff Depute refused to
allow an exception by the Defender to be proved except by writ or oath, notwith-
standing the plea of the Defender's Procurator to the effect that it " micht be prowing
be witness5 being bying and selling of ferme wictuall nocht exceiding the sowme of
sewin scoir poundis."

10. Decree of Removing'. George, Earl Merschell, etc., etc. v. John Andersone.

The Defender was ordained to remove " from four oxingait lands of the Owir Dawache
landis of Kintoir." The Procurator for the Pursuer stated that his Sasine was in the
hands of Mr. William Andersone, Sheriff Clerk.

Action of Wrongous Intromission. John Smyth in Feuchesyd v. Thomas
Smyth in Orcharstoune. Defences to be lodged on December 17, but no entry found
after 14 January, 1618.

Decree for Payment. David Cathrow in Abd. v. James Forbes in Breddauche
and Gilbert Galloway in Eister Carnie. Decree passed against P'orbes for 29 merks
and against Galloway for 22 merks upon condition that the Pursuer procured the loosing
of Arrestments which had been laid on these sums by " George, Erll Merschall."

227

Aberdeenshire Sheriff Court:

1617.

Deer. 17. Continuation of Court. The Sheriff Depute "ex consensti procuratorum" con-

tinued all the cases to December 20.

20. Action of Spuilzie or Wrongous Intromission. Patrick Foullar in Auch-
quheorthy v. Isobell Roust, now in Boigheidis, widow of Patrick Mylne, sometime in
Thainstoune. Defences to be lodged on 14 January next. No entry found after II
February, 1618.

Curatory. George Forbes, third lawful son of Wm. Forbes of Tolquhone, with
consent of his father. The next of kin called were Mr. Walter Forbes of Auchma-
leidie, John Forbes of Petnacaddell, George Ogilvie of Carnowseis, James Ogilvie of
Auchleuchreis and Robert Ogilvie, burgess of Banff, son of Sir George Ogilvie of
Dunlugas, knight. It would rather appear that none of these attended. The Curators
chosen were William Craig in Tarves and Patrick Forbes in Thainstoune, who, being
present, accepted office and became cautioners for each other.

Curatory. Cristiane Cheyne, only bairne and lawful dochter to the late Mr.
Francis Cheyne sometime of Craigie. The next of kin called were Mr. John Cheyne
of Arnage, Thomas Cheyne of Ranestoune, Andrew Meldrum of Tillicairne and Patrick
Meldrum of Frosterhill. The Curators chosen were Andrew Meldrum of Tillicairne
and William Craig in Tarvxs, who accepted office and became cautioners for each other.
1618.

Jany. 14. Nature of Action not disclosed. Wm. Ramsay in Meanie v. Alexr. Sangster in

Watrichmuir. In the absence of the Defender the Pursuer's petition was admitted to
his probation.

Decree in Supplement. Alexr. Lyoune of Brakay v, John Stewart sometime
at the Mylne of Glascha. Defender absent. The Pursuer's petition admitted to his
probation. A subsequent entry at same court bears that the Pursuer produced an act
of a court held in the house of Wm. Watt in Middiltoune on 22 March, 1617, in proof
of his claim. Decree passed for ^45 13/4.

Nature of Actions not disclosed. Wm. Forbes of Kynmundie v. James Gray in
Kynmundie, Duncan Blakhall in Clerkseit and Wm. Davidsone in Crabistoun. De-
fences to be lodged on January 21, but no entry found after n February.

Alexander Scherar at the Scotis Mylne v. Duncan Forbes of Bithnie, Elspet Forbes,
his wife, and John Cleriche there. Defences to be lodged on January 21. No entry
found after 18 February.

Decree for Damages. Master and Servant. Mr. Robert Bisset, Fiar of
Lessindrum v. Gilbert Robertsone, sometime in Cultis, then in Gulburne. This is the
first case of the kind which has been found. The Defender, who had engaged to serve
the Pursuer from Whitsunday to Martinmas, 1617, but failed to enter his service, was
ordained to pay the Pursuer ^10 with 13/4 of expenses.

21. Action of Relief. James Ridlar in the Mains of Echt v. Arthur Forbes of Boig.
\Supra p. 227]. The Pursuer produced for instructing his case the principal process
at the instance of Wm. Leslie of Warthill against him. In absence of the Defender
the Pursuer was allowed a proof of his libel.

228

Decree Books: Vol. H, Contents

1618.

Jany. 21. Nature of Action not disclosed. Bartholl Youngsone in Nether Dyce and William

Scherar there v. Thomas Scherar in Nether Dyce and Alexr. Watsone there. In
absence of the Defender the libel was admitted to the Pursuer's probation.

Feby. 4. Continuation of Court. The Sheriff Depute, with consent of the Procurators,

continued all the cases until next day.

5. Nature of Actions not disclosed. John Vilsone in Kynmundie v. Andrew Smyth in

Liddauche. Action wakened and February 1 1 assigned for lodging eiks to defences.
This was not done and the term was then circumduced.

John Vilsone in Kynmundie v. Patrick Forbes in Fynnersie. Action wakened and
interlocutor to be pronounced on 1 1 February, but this is the only entry.

Thomas Sinclair in Kynnadie v. Alexr. Bowman in Meikill Elrick, Wm. Wilsone
there and Andrew Kid there. Defences to be lodged on February II, but this is the
only entry.

Decree in Supplement. John Galloway in Liddauche v. Gilbert Galloway in
Eister Carnie. This was a decree " in supplementiirn justitiae " of a decree of the
Court of " the Barronie of Skene and Kintoir hauldin within the cutter chalmer of the
said Johne Galloway " on 19 July, 1616, whereby the Defender was decerned on his
own confession to pay to the Pursuer 50 merks for the price of " ane horss coft and
receawit." The cost of the extract of the Barony Court was 6/8 and the expenses of
process 4O/-.

Nature of Actions not disclosed. John Hunter, burgess of Abd. v. John
Strathauchin, Merchand, there. Defences to be lodged on February n, but after
appearing once or twice the case dropped from the roll.

II. John Fraser of Sklaitie v. Alexr. Walker in Milnehill, John Hendersone there,

John Lang in Greinburne, Wm. Name in Sklaitie, Archibald Smyth there and David
Barnet in Waigley. The Defenders being all absent the summons was admitted to the
Pursuer's probation.

John Bruce at Meikill Mylne of Essilmont v. Andrew Ross in Fechill. In absence
of the Defender the summons was admitted to the Pursuer's probation.

Action for Breach of Arrestment. Mr. Wm. Barclay, Procurator Fiscal, and
Mr. Alexr. Irvine, Advocate for his interest v. Alexander Hervie in Auld Abd. An
arrestment was produced with the summons and 18 February assigned for lodging
defences. No farther entry found.

Decree for Rent. James Walker in Peterheid v. George Gardyne in Ard-
mauchar. Decree passed against Defender for the balance of the rent of his occupation,
the amount being 3 bolls I firlot of " ferme meill " at 8 merks 6sh 8d per boll and I
boll oats "small come" at 5 merks per boll according to the " feir of the year
lybellit " with 13/4 of expenses.

229

Aberdeenshire Sheriff Court:

1618.

Feby. n. Decree for Price of Corn. James Leyth in Wattertoun v. David Andersone

alias Walker in Mylnehill, Alexr. Andersone, alias Walker there, John Hendersone
there, John Chalmcr there, Patrick Fraser in Strukenheavin, WTm. Chalmer in Watter-
toune, Wm. Reid at the Mylne of Wattertoune, James Aikin in Glen and James
Scherar there. Decree in absence passed against these nine Defenders individually
for separate claims, for the price of small quantities of corn, with 3/4 of expenses
against each Defender. The corn was of the crops 1616 and 1617. The terms
" pryce corne" and " calf corne " are used here and elsewhere apparently to indicate
different kinds of corn.

Decree for Price of Corn. Alexander Mackie in Wattertoun z>. the same
Defenders as in preceding case. In this case all the Defenders were examined on oath,
except Alex. Andersone and Fraser, and were ordained to pay the sums admitted by
them, but no mention is made of expenses. Fraser appeared on 18 February and
deponed, where the decree was for the amount admitted also without expenses.
Against Alexr. Anderson there was decree in absence on that day.

18. Nature of Actions not disclosed. John Leslie of Fetcapill v. Ronald Cheyne in

Ardieharrauld. Replies lodged. Interlocutor to be pronounced on February 25. The
term for lodging eiks was circumduced on 4 March.

The Procurator Fiscal and Mr. Alexr. Irvine, Advocate, for his interest v. James
Andersone, alias Walker, in Setoune. Defences lodged. Replies ordered on February
25. The last mention of the case is on 18 March.

John Arthour in Mownie v. Wm. Pantoune in Langlandwallis. Defences lodged.
Replies ordered on February 25. No entry after 4 March.

Decree for Price of Corn. Thomas Davidsone in Eister Disblair v. Andrew
Davidsone in Middill Disblair. I boll "calf corne" and I boll " pryce corne" crop
1615 with 13/4 of expenses.

Nature of Action not disclosed. James Leyth in Wattertoun v. James Andersone,
alias Walker, in Setoune. February 25 assigned for defences, but unfortunately a page
or two are missing and this and some other cases do not appear again.

Decree for Price of Corn. James Andersone, alias Walker, in Setoune v.
Wm. Watt, Wobster in Wattertoune and Janet Suentoun there. Small quantities of
corn crops 1614-15-16 and 17.

25. Action of Spuilzie. William Elmslie in Pettoucheis v. John Reid in Annagat-

hill, Duncan Robertsone in Cornabo, Alexr. Andersone in Pettindreiche and Robert
Cuschnie in Lytill Abercatie. March 4 assigned for defences. End of the case not
reached in this volume.

March 4. Nature of Action not disclosed. Patrick Stewin in Meikill Clyntertie v. John

Tellie in Bishopisclintertie and John Chalmer there. March 1 1 assigned for defences.
On that day there was a cross action on the roll at the instance of Tellie against Stewin.

230

Decree Books: Vol. IL, Contents

1618.

March 4. Decree for Price of a Cow, etc. Richard Smyth, Flescher, burgess of Abd.

v. George Walker, Wobscer, in Ferriehill. Decree passed for 4 merks balance of the
price of " ane kow " and 7 merks which the Pursuer as cautioner for the Defender had
to pay to Thomas Cheyne of Ranestoun, with 13/4 of expenses.

II. Nature of Actions not disclosed. Gilbert Davidsone in Quhythill v. David and

James Robertsone in Percok and Alexr. Walker in Deir. A diet of proof. A decree
and arrestment with the executions were produced as evidence and proof renounced.

18. James Ross in Abd. v. David Lindsay, Tincklar, in Abd., and John Gardyne,

messenger. Defences produced.

Decree of Removing. John Leslie of Wardes v. John Andersone in Landends
of Meikill Durnocht. The Defender appeared and consented to remove, to which the
Sheriff Depute interponed his authority.

Decree of Removing. John Forbes of Petsligo v. Barbara Findlay, widow of
Alexr. Gill, at the Mylne of Auchlyne and Robert Gill, his son. The Defenders were
ordained to remove from Mill and Mill Lands of Auchlyne and Mill and Mill Lands of
Petsligo. An act of renunciation dated 13 March current was produced by the De-
fenders' Procurator, under the hand of Mr. Patrick Chalmer, Notary Public, to which
the Sheriff Depute inlerponed his authority.

Nature of Action not disclosed. John Gordone of Petlurge v. George Siwewricht
in Botarie. Defender absent. Libel admitted to Pursuer's probation.

Action of Damages. Killing a Mare. Absolvitor. John Andersone in
Kintoir v. William Mackie in Tofthillis. The Pursuer claimed from the Defender 20
merks as the " pryce of ane meir alledgit stikit. and slaine be the said Defendar with
ane come fow [corn fork or pitchfork] in April, 1616. On a reference to his oath the
Defender deponed that the contents of the petition " was nawayes of trcuthe nor
veritie," and he was assoilzed.

Decree of Removing. Desertion of Holding. Alexr. Lyoune of Brakay v.
John Farquhar in Birks of Tillifour. The Defender had a five years lease from Whit-
sunday, 1615, but had deserted the possession and this decree was necessary for the
landlord's security before dealing with the subject.

231

Illustrative Examples taken from VoL II. of Decree Books,

A Bride's Tocher

(12 Febry 1617)

The said day in the Actione and Caus persewit be Williame Touche
in Findlatrie and Elspet Forbes his spous agains James Forbes in Ardlar
Compeirit Mr James Irving procuratour for the persewaris and producit
ane sumondis dewlie execute and indorsit to this day agains the said
defender to sueir and depon upone the contends [of] ane lybellit
sumondis referrit to his aithe be the persewaris with certificatione pro
confesso Quhilk James Forbes being oft tymes callit and nocht com-
peirand lauchfull tyme of day being biddin The said Mr James Irving
procuratour for the persewaris protestit according to the sumondis that
the lybell sould be hauldin as confessit specialie concerning the payment
of the sowme of Tua hundreth merkis usuall monie of this rcalme quhilk
the said defender promeisit to pay to the said William Touche in dott
and tocher with the said Elspet Forbes his spous in the moneth of July
or thairby im sex hundrethe and threttein yeiris and the payment and
delyurie of thrie yeowis left be the said Elspet the tyme of the matrimonie
in the possessione of the said James her father pryce of the peice fourtie
thrie sh four penneis as in the said lybell at mair lenthe is contenit and
past fra the haill remanent contentis of the said lybell concerning the
profeits of the said principall sowme of Tua hundrethe merks and ex-
crescent profeitis of the saidis thrie yeowis quhilk protestatione the
Shref depute admittit and decernit and ordainit the said James Forbes
to pay and delyuer to the said Williame Touche and Elspet Forbes his
spous the said sowme of Tua hundrethe merkis dott and tocher togidder
with the sowme of fourtie thrie sh iiijd for ilk piece of the saidis thrie
yeowis and tuentie sh for expensis of pley [&c., &c.]

Value of Glass Windows

(26 March 1617)

The said day in the actione and caus persewit be Alexander
Mowtray in Auld Abd assignay lauchfullie constitut be Robert Skeine
burges of Abd agains Williame Galloway Cordoner in Abd for the

212

Decree Books: Vol. IL, Illustrative Examples

wrangous violent internetting with tua glassin vindowis of new compass
wark contening fourtie four futtis of new glas pryce of the fute sex sh
viijd in the moneth of Julij last by past im sex hundrethe and sextein
yeiris the saidis vindowis than pertaining to the said Robert and was in
his possessione dyuers weikis and dayes abefoir the defenderis wrangous
intromissione thairwith aboue writtin quhairthrow the said Complener is
damnifeit in the sowme of twenty four merkis by and attour the pryce of
the saidis vindowis be the said defenderis lang detentione thairof and
thairfoir the said defender to be decernit to pay and delyuer to the said
persewar the sowme of sex sh viijd for ilk fute of the saidis fourtie four
futes of new glasin windowis togidder with the said sowme of tuentie
four merkis for the persewaris domage throw want thairof as lyikvvayes
to pay to the said persewar as assignay foirsaid the sowme of four pundis
for penting of the defenderis storme windowis and peit steam's of his
hous conforme to the valour of the oylis and warkmanschip in perform-
ing thairof as in the lybellit sumondis raisit thairanent at mair lenth is
contenit Compeirit Mr James Irving procuratour for the persewar and

producit ane sumondis the Shref deput foirsaid haueing

hard sein and considerit the haill proces productis and depositiones of
dyuers famous witnessis producit admittit and suorne in the said caus
fand and pronuncit that the said defender haid done wrang in the
wrangous and violent intrometting with the saidis tua glasin windowis of
new compas wark conteining fourtie four futtis of new glass pryce of the
fute sex schilling and threttie thrie sh iiijd for the penting and culloring
of the defenderis [? pursuer's] windowis and utheris as is lybellit and
thairfoir decernis the said defender to delyuer to the said persewar tua
sufficient new glassin windowis of new glass of compas wark of fourtie
four futes pryce of the fute sex schillingis or then to pay to the said
persewar the said sowme of sex schillingis for ilk fute of the saidis fourtie
four futes with threttie thrie sh iiijd for penting and culloring as said is
togidder with the sowme of tuentie sex sh viijd for expensis of pley maid
in pcrsute of the said caus and absoluit the said defender fra the haill
remanent contends of the persewaris lybell [&c., &c.]

Pig-sticking in Strathdon

(2 July 1617)

The said day in the actione and caus persewit be Allaster Andersone
in Rippachie agains Duncane Name in Knoksoull James Makmay in
Kinnadie John Lowrance in Cottertoune of Pettalachie Duncane Smyth
in Knoksoull Johne Ker elder and younger thair Thomas Makmei
thair and Alexr Cuik thair touching the persewaris lybell desyring the

GG 233

Aberdeenshirc Sheriff Court:

saids defenderis to heir and sie thameselfs decernit to haue done wrang
in the wrangous slaying and stiking of tua suyne and ane sow in the
monethe of August in the yeir of God im sex hundrethe and sextein
yeiris pertening to the said Allaster and in his possessione upone the
grund and landis of Rippachie be feiding and pasturing of the said suyne
he being in peicabill possessione thairof as said is as his awin proper
suyne sua reput and hauldin and thairfoir the saidis persones to heir and
sie thamselfis decernit to pay and delyuer for the said tua suyne and ane
sow the sowme of ten pundis for the pryce of ilk suyne owerheid togidder
with the excrescent profeitis of the said sow extending to thrie litteris
in the yeir extending ilk litter to auchtein gryses pryce of the peice of
ilk gryse xiij sh iiijd as in the lybellit sumondis raisit thairancnt at mair
lenthe is contenit Compeirit Mr Williame Ray and Mr George Ander-
sone procuratours for the persewar and producit ane sumondis devvlie
execute and indorsit to this day agains the saidis defenderis to sueir and
depone upone the contends of the said lybellit sumondis referrit to thair
aithes be the said Allaster with certificatione pro confesso and according
protestit the said mater sould be hauldin as confessit The Shref deput
foirsaid haueving hard sein and considderit the haill process and being
ryplie and at lenthe advysit thairwith Decernis the saidis defenderis with
consent of the said persewar to pay and delyuer to him the sowme of
ten merks for ilk ane of the said suyne and ten merkis for the said sow
with the sowme of fourtie schillingis for expensis of pley maid in persute
of the said caus and absoluis the saidis defenderis fra the haill remanent
contends of the said perscwaris lybell [&c., &c.]

Master and Servant. Breach of Engagement

(14 Jany 1618)

The said day Gilbert Robsone sumtyme in Cultis and now in Gul-
burne was decernit in penam contumaciae being sumondit to this day
with certificatione pro confesso and compeirit nocht being oft tymes
callit lauchfull time of day bicldin To pay and delyuer to Mr Robert
Bisset fiar of Lessindrum the sowme of ten punds for his seruice fra
Witsonday im sex hundrethe and sewintein to Martimes thaireftir becaus
he promeisit faithfullie to haue enterit to the said persewaris seruice at
the tyme foirsaid and did nocht with the sowme of threttein sh iiijd for
expensis of pley [&c., &c.]

234

Decree Books: Vol. IL, Illustrative Examples

Decree in Supplement. Price of a Horse

(5 Feby 1618)

The said day in the term assignit to pronounce interloquitor in the
actioune and caus persewit be Johne Galloway in Liddache agains
Gilbert Galloway in Eister Carnie compeirit Mr Alexander Irving pro-
curatour for the said persewar and desyrit the said Interloquitor to be
pronuncit The Shref deput foirsaid haueing hard sein and considderit
the persewars lybell defendars defensis and eiks ansueris and replyis
maid thairto for the pairt of the said persewar and being replie and at
lenthe advysit thairwith Rcpellit the haill defensis and eiks proponit for
the pairt of the said defendar and in supplimentum justiciae Interponit
his auctoritie in and to ane Act of Court of the Barronie of Skeine and
Kintoir hauldin within the outter chalmer of the said Johnc Galloway
the nyntein day of July im sex hundrethe and sextein yeiris quhair the
said Gilbert was decernit of his awin confessionne to pay to the said
persewar the sowme of feftie merkis usuall monie of this realme for the
pryce of ane horss coft and receawit be the said Gilbert fra the said
persewar with sex sh viijd for the extract of the said act [&c., &c.]

235

The Minute Books of Judicial Enactments
Vol. III., J6J9-28

As will be seen from the first date, a gap occurs of more than five
years between this book and Vol. II. of the same series. It may be
assumed, therefore, that one volume has been lost. The first date is
2 Octr., 1619, and the last 24 May, 1628.

The book consists of 338 pages, and has the appearance of being
pretty nearly complete, although leaves are occasionally missing. In
the first book of the series, such entries as Ratifications and Renuncia-
tions by women, bore a very small proportion indeed to the Acts of
Caution for Loosing of Arrestments, and acts of a similar character.
In the second book, and in this one the disproportion is not nearly so
marked, there being a decided increase in the number of entries of the
former class. On the other hand, the Acts of Caution in connection
with accusations of crime, which disappear altogether in the next two
volumes of the series bear a smaller proportion to the whole, than in the
preceding books.

The frequency of the occurrence of the names Gordon and Forbes
in this volume is probably more marked than in any of the others.

236

Table of Contents of Vol. ffl. of Minute Books of
Judicial Enactments

1619.

Octr. 2. Loosings of Arrestments. George Leslie of Kincraigie v. John Clerk in

Kirktoune of Touche and Thomas Blair there. Cautioner Wm. Forbes of Tillikerrie.

6. Duncan Forbes of Bythe v. Andrew Fearnie in Quhytsteanis of Feddret. Cautioner

James Ross, Notary Public, burgess of Abd. Crop and peats within the alleged
bounds of the lands of Gulleis.

8. Assault — Blood-drawing. The Procurator Fiscal Mr. William Barclay, and

Thomas Greig in Chappeltoun of Essilmont v. George Dovertie there. Cautioner
John Johnestoun in Inglistoun.

14. Assault — Blood-drawing. The Procurator Fiscal and the said George Dovertie
v, the said Thomas Greig. Cautioner George Bruce, Saidler, burgess of Abd.

15. Loosings of Arrestments. George Meldrum of Haltoune v. James Hay in
Muirriefauld. Cautioner John Forbes of Baddintuir.

21. John Leyth of Montgarrie v. George and Henry Andersone in Clatt. Cautioner

Wm. Andersone in Courtestoune.

23. Thomas Burnet of Camphell v. Alexr. Gourley in . Cautioner Duncan

Forbes of Balnagask.

Novr. 5. John Fraser in Petnacaddell and Adam Frascr in Coignzeak v. Nicoll Baxter in

Creichie. Cautioner Wm. Fywie in Auchtilair.

6. Patrick Leyth, elder, of Licklieheid v. Duncan Hepburne in Auchlewine.

Cautioner Wm. Freman at the " Bridg of Die."

IO. George Gordoune of Terpersie v. Wm. Couper at the Mylne of Cabray. Cautioners

George Scherar in Haddoche and Gilbert Chrystie in Litill Braklay in Cabray. 180
merks in the hands of John Blak in Crannaboig.

John Mylne of Tillibralen v. Patrick Gordoun, younger, in Fuilziemont. Cautioner
John Mylne in Auld Auchindoir. ^600 in the hands of John Gordoun of Craig of
Auchindoir.

12. Mr. Walter Forbes of Auchmalidie v. John Youngsone there. Cautioner John

Urquhart, occupier of two ploughs of Meikill Allathine.

237

Aberdeenshire Sheriff Court:

1619.

Novr. 12. Loosing of Arrestment. Margaret Lidclell, wife of John Mitchell, elder, Malt-

man, burgess of Abd. v. John Mitchell, younger, his son. Cautioner the said John
Mitchell, elder, There were special arrestments in the hands of Mr. Alexr. Jaffray,
James Ray, Mr. Robert Farquhar, William Laing, burgesses, and of their wives.
Also in the hands of Patrick Laing and Richard Rutherfuird, burgesses, and Margaret
Collinsone, widow of Walter Collinsone, burgess.

Renunciation and Discharge. Marjory Forbes, wid >w of William Gareauche
of Kinstair, renounced her rights in the shadow plough of the east half of Kinstair in
favor of her son, Wm. Abercrombie of Kemmalls. Two notaries— one being the
Sheriff Clerk — subscribed for the lady.

Loosings of Arrestments. John Forbes of Leslie v. Mr. Robert Irvine, Minister
at Premnay. Cautioner Gilbert Forbes, second lawful son of John Forbes of Bairnis.
An arrestmcnt had been used in the hands of Mr. Andrew Logic, Minister at Leslie.

David Syme, Chamberlain of Slains v. Mr. Samuel Tullidaff, son of Thomas
TullidafF, Minister at Fouerane. Cautioner Samuel Meassone, burgess of Abd. ^186
in the hands of Mr. John Mcrser, Minister at Slains.

Renunciation and Discharge. The subjects here redeemed were parts of
Petlurge in the Regality of Spynie and County of Banff. These had been wadset to
Wm. Smart in Li till Petlurge for 300 merks and to John Smart in Achynnachie for 600
merks. Mr. Robert Gordoun of Fechill, as assignee to the Reversions, now paid the
money and the lands were declared redeemed in his favor.

Loosings of Arrestments. John Leslie, Fiar of Balquhane v. Richard Melving
in Owertoun of Fetterneir. Cautioner John Gordoune of Kearthine.

15. Alexr. Gray, burgess of Abd., as Curator of Knowis, son of the late

Andrew Knowis v. John Smyth in Beildsyd. Cautioner Alexr. Chalmer, younger,
burgess of Abd.

[Some pages missing here.]
1620.

Jany. 29. Loosings of Arrestments. Wm. Ingrahame, burgess of Abd. v. Adam Quhyt

in Scotistoune. Cautioner Gilbert Nuckoll in Pervines.

Feby. 5. Elspet Moir, daughter of the late Andrew Moir and wife of Wm. Wat in Momewlay

v. Marjory Cassie, widow of the said Andrew Moir, and alleged vitious intromitter with
his estate. Cautioner Thomas Jamesone in Scotistoune, whom James Cassie off [? in]
Quhytstrypis bound himself to relieve.

21. Jean Blak, widow of Wm. Robertsone in Auchmacoy v. Gilbert Robertsone in

Auchmacoy, father of William Robertsone and alleged intromitter with his estate.
Cautioner Thomas Robertsone at the Mylne of Furwie. 24 ells of " linning cloth" in
the hands of John Constable, Wobster.

23. Horse-stealing and Reset. The Procurator Fiscal and Sheriff v. George

Stot, elder and younger, in Scheiwes. Cautioner David Symsone, Saidler, burgess of
Abd.

238

Judicial Enactments: Vol. EL, Contents

1620.

Feby. 24. Loosings of Arrestments. Robert Forbes of Echt v. Thomas Duncan in

Sillavethie. Cautioner Alexr. Blair, Tailzeour, burgess of Abd.

March 4. Janet Wod, widow of John Leslie of Kearthine and wife of John Gordoun of

Kearthine v. Patrick Wat, George Blak and Alexr. Mearnes, tenants in Netherton of
Knokinblewis. Cautioner John Leslie, Fiar of Balquhane.

13. Renunciation and Discharge. Agnes Gray, wife of Thomas Mowtray, Fiar of

Clubisgowill, renounced her rights to " Lochehillis, Loche thairof callit the Bischopis
Loche," etc, in Sanct Machar, in favor of Mr. Robert Irving of Moncoffer.

21. Loosings of Arrestments. Thomas Gordoune in Bellindorrie v. James Morgine
in Bellintober. Cautioner John Gardyne in Bellamoir.

22. Bessie Findley, widow and executrix of Andrew Hendersone v, Wm. Russell,
burgess of Abd. Cautioner Mr. Alexr. Cullen, Baillie, burgess of Abd. It appears
from the entry that Henderson's " Inland close, yard and pertinents lyand in the head
of the Owerkirkgait " had been bought for 350 merks, which was in the hands of Alexr.
Chalmer, younger, burgess of Abd.

25. Alexander Leslie, son of John Leslie, elder, of Balquhane, as assignee of Francis

Leslie, son-in-law [stepson] to John Gordoun of Kearthine v. the said John Gordoun
and Wm. Leslie, also his son-in-law. Cautioner John Fergussone, burgess of Abd.

April 12. George Edward in Bonietoune v. Patrick Leith, burgesss of Abd., son of Wm.

Leith, also burgess there. Cautioner Wm. Leith, the father.

13. Assault — Blood-drawing. The Fiscal and Sheriff and Richard Crag in Gilcom-

stoun and Margaret Walker, his wife v. John Woid there and Katherine Mernis, his
wife, John Reid there and Isobel Mernis, his wife. It is particularly stated that
Margaret Walker received " ane gryt straik on her foirheid." Cautioner John Troup
in Gilcomstoun.

15. Loosings of Arrestments. Donald Andersone in Kintoir v. Stewin Mackie

there. Cautioner Mr. Wm. Ray, burgess of Abd.

20. Patrick Dawidsone and Elspet Dawidsone, his daughter v. Thomas Dempster,

Fleshour, burgess of Abd. Cautioner David Simsone, burgess there.

22. John Bisset in Cranloche v. Alexr. Fordyce in Knythismylne [Knightsmill], James

Findley, Andrew Broun, George Murray, Alexr. Murray, all in Creuchie, Thomas
Millar and Wm. Barclay in Manes of Lessindrum, Gavin Reid, George Home, Alexr.
Meldrum, John Duncane and Robert Barroun, all in Leyis, John Shand, Robert
Hendrie, George Duncane, George Large and James Reid all in Lessindrum.
Cautioner George Bisset in Lessindrum.

28. Manslaughter. The Procurator Pascal v. James Walker at Garlogie, charged

with being art and part in the slaughter of Alexr. Duncane in Litill Finnersie.
Cautioner Wm. Walker at the Walk Mylne of Garlogie.

239

Aberdeenshire Sheriff Court:

1620.

April 29. Loosing of Arrestment. Wm. Forbes of Tolquhone v. Gilbert Buchane in

Maynes of Watertoun. Cautioner Wm. Buchane in Artrochie.

May 4. Assault and Mutilation. The Procurator Fiscal and Alexr. Tailzeour, Cadger

in Inverurie v. Alexr. Wobster in Porterstoun. Cautioner Gilbert Johnes'.oun of
Frosterhill.

6. Illegal Apprehension. The Procurator Fiscal v. James Watt in Nether Glasco,

Adam Watt in Netherbigging of Auchquhortheis and Patrick Watt in Nethertoun of
Knokinblewis. Cautioner John Leslie, Fiar of Balquhane. The charge was " the
alledgit taking and apprehending of Thomas Name, sone to Wa. Name in Kintoir."

22. Loosings of Arrestments. Walter Walker in Arneheid v. David Peirie there.
Cautioner Wm. Watt, Notary Public in Auld Abd.

23. Mr. Alexander Gordoune, Minister of Glenmuik v. Mr. John Leslie, Minister at
"the Kirkis of Tulliche, Glenmuk & Glengairdyne." Cautioner Edward Crukschank
in Auld Abd. The teinds and vicarages of the three parishes had been inter alia
arrested.

24. John Leyth of Newtoune v. Wm. Smyth in Kearriemuir. Cautioner John Leslie,
portioner of Buchanstoun.

25. Mr. Patrick Andersone of Mylntoun of Nothe v. George Bruce there. Cautioner
George Scot, burgess of Abd. In this case the buildings on Scot's occupation had been
arrested.

26. Dame Margaret Banerman, " Ladie Ludquharne," and Sir Wm. Keyth of Balmuir,
Knight, her husband v. Thomas Reythe in Kellie. Cautioner Alexr. Birnie in Ower-
hill of Kellie.

29. James Reid of New Mylne v. Wm. Lyas in Lylill Mylne. Cautioner Mr. James

Elphingstoune of Bairnes. Here the buildings had been arrested.

June i. John Keyth of Carnetralzeane v. David Bisset, son of Arthur Bisset in Pettichie,

who was cautioner for his son.

James Baird in Fotterletter v. Marion Thomsone, widow of Alexr. Baird, some-
time in Fotterletter. Cautioner Robert Hail, burgess of Abd., whom Henry Hutcheon
in Fotterletter bound himself to relieve.

Hectour Abircrombie of Wasthall v. John Crombie at the Mylne of Wasthall.
Cautioner Andrew Johnestoune, Meassone, burgess of Abd.

Alexr. Leslie, son of John Leslie, elder, of Balquhane v. the said John Crombie.
Cautioner the said Andrew Johnestoune.

2. Renunciation and Discharge. Euphane Hay, wife of John Fraser, formerly of

Creichie then of Ardmacher, renounced her rights in Creichie in favor of John Walker,
gon of James Walker in Peterheid and Margaret Keyth, his wife.

240

Judicial Enactments : Vol. EL, Contents

1620.

June 3. Renunciation and Discharge. Isobel Forbes, wife of Patrick Gordoune of

Fuilziemont, renounced her rights in these lands in favor of John Gordoune, Fiar of
Craige. This she did in fulfilment of a contract made between Gordoune of Craig as
principal and Patrick Barclay, Fiar of Tollie, and George Barclay of Auchridie as
cautioners on the one part, and her husband and herself as principals and Sir Alexr.
Gordoun of Cluny and John Leslie of Wardes as cautioners, on the other part, for the
redemption of the said lands of Fuilziemont.

5. Loosings of Arrestments. William and John Leslie in v. Bessie
Leslie and Marie Barclay, her husband, in . Cautioner George Barclay of
Auchridie.

James Leslie, sometime portioner of Comalegie and Beggishill v. Margaret Lyone
and Normond Irwing, her husband, in Beggishill. Cautioner Mr. Robert Bisset, Fiar
of Lessindrum.

Act of Delivery of Writs. This was the name given to a judicial receipt and
discharge granted by Wm. Gordoune, eldest lawful son of the late George Gordoune,
sometime of Chappeltoune, and Adam Gordoune of Boighoill in favor of the Sheriff
Depute, Sheriff Clerk as the custodier, and to Mr. Robert Paip, Advocate in Abd., as
the producer of a " banded coffer " containing the title deeds of Saphak in Fyvie and
other documents. The writs relating to Saphak were specially mentioned, and they
with the coffer and remaining contents were handed to the granters, one of whom,
Adam Gordoune, as proprietor of the lands, had raised an action for exhibition and
delivery.

Destroying Woods. The Procurator Fiscal and John Leyth of Ncwtoun v.
Patrick Davidsone in Auchlevin. Cautioner Gilbert Reid of Eddirlik. This was a
statutory offence very severely punishable. The charge was in this entry expressed
thus " peilling, cutting and raiffing of Jon Leyth of Newtoun his woods bogis and
burnes."

Renunciation and Discharge. Bessie Gordoune, wife of George Gordoune in
Kandokyll, renounced her rights in Knok and DaKour, with salmon fishing on the Dee,
in the parish of Glenmuck, in favor of Wm. Gordoune, apparent of Knokespock.

6. Loosing of Arrestment. Patrick Middiltoune in Birkinbrewll v. George Rose
(who signs Ross) in Tarland. Cautioner Alexr. Strauchin in Lernie.

Removing. Andrew Richie renounced as at Whitsunday his occupation of Fornat
in favor of Mr. Robert Irwing of Moncoffer, the principal tacksman of the lands.

Loosings of Arrestments. Stephen Suaip at the Chappell of Gareoche v.
Henry Suaip, lawful son of the late Andrew Suaip in Mylne of Petcapill. Cautioner
Patrick Fouller in Drumnahethe.

Janet Gordoun, widow of James Crichtoune of Frendraucht v. John Hendrie and
John Thomsone, both in Muirton. Cautioner Andrew Meldrum of Muirs of Fywie.

7. James Gardyne of Blakfurd v. John Ardes in Bakiehill. Cautioner John Cruik-
schank there.

HH 241

Aberdeenshire Sheriff Court:

1620.

June 8. Removing. George Joip (signing Jope) in Cowllis of Coclarachie renounced his

croft in favor of George Gordoune of Coclarachie, the proprietor.

Loosings of Arrestments. Andrew Gardyne in Birse v. Wm. Burnet in
Strauchin. Cautioner John Clerk, Wobstcr, burgess of Abd.

Wm. Forbes of Monimusk v. Duncan Robertsone and his subtenants in Carnabo.
Cautioner Mr. James Forbes of Hauchloune.

Renunciation and Discharge. Cristiane Leslie, wife of George Leslie, some-
time of Craig, renounced her rights in the lands of Auld Craig in favor of John Leslie
of Petcappill and Marjory Cheyne, his wife, etc.

10. Renunciation and Discharge. John Gordoune of Ardlogie renounced in favor

of George Leslie of Auld Craig and of John Leslie of Petcappill, his assignee, his
rights to four oxengait of Auld Craig.

Removing. John Meldrum in LiUill Finnersie, renounced in favor of Mr. Robert
Forbes, Minister of Echt, the proprietor, his occupation of part of Littill Finnersie.

Loosings of Arrestments. John Leslie of Wardes v. John Wilsone, sometime
in Rothmurriell then in Netherlik. Cautioner Wm. Chirnesyd in Smallburne.

12. Alexr. Birney in Fraserburgh v. Magnus Fraser there. Cautioner John Brunchew,

Merchand, burgess there.

16. John Leyth, apparent of Harthill v. John Abircrombie in Auld Raine. Cautioner
Wm. Thomsone, Notary Public in Lentusche.

17. Marjory George, widow of James Cruikschank in Auld Abd. and Janet, Alexr.
and Katherine, their children v. John Cruikschank in Ililtoune. Cautioner Walter
Cruikschank, Cordoner in Auld Abd.

George Pecok, Appolhegar, burgess of Abd. v. Thomas Jamesone in Scotistoune,
and his mother and brother. Cautioner Mr. Wm. Moir, burgess of Abd. Peats in
the Moss of Scotistoune had been arrested by Pecok, as proprietor of the third part of
the lands, moss, etc.

19. Magnus Fraser in Fraserburgh v. Alexr. Birnie, Merchand, there. Cautioner

Robert Keyth, burgess of Abd.

23. Patrick Chalmer in Sandend v. Agnes Smythe, widow of James Muiresone, some-

time possessor of Rothnachie and Tirrituithell. Cautioner John Russall, portioner of
Litill Cokla.

July I. Manslaughter and Assault. The Procurator Fiscal and Janet Cassie, widow ot

Alexr. Moir v, Wm. Moir in Wodland. Cautioner Thomas Johnestoune of Kayis-
mylne. The accused was said to have killed Alexr. Moir and assaulted Janet Cassie.

5. Loosings of Arrestments. Alexr. Cuming of Culler v. James Thome, some-

time in Carnie then in Feddie. Cautioner James Gray in Eister Kinmundie.

242

Judicial Enactments : Vol. HL, Contents

1620.

July 12. Loosings of Arrestments. Alexr. Smythe in Elrik v. Wm. Slorache in

Ouirhauche. Cautioner James Smythe in Pooleie.

Wm. Gordoune of Abirzeldie v. Alexr. Skeine of that Ilk and his tenants.
Cautioner John Forbes, apparent of Lethintie. Peats in the Hill of Fair.

15. Renunciation and Discharge. Violet Cheyne, wife of Andrew Meldrum of
Auchneif, renounced her rights in Auchneif and others in favor of her eldest son, John
Meldrum, and Helen Leslie, his future wife.

Loosings of Arrestments. Alexr. Skeine of that Ilk v. Wm. Gordoune of
Abirzeldie. Cautioner Patrick Gordoune in Tulloche. The counterpart of Gordoune
v. Skeine (Supra).

19. Robert Thomsone at the Ward Mylne of Drum v. Alexr. Fraser in Wastertoune of
Tillikarne. Cautioner Gilbert Thomsone, Wobster, freeman and burgess of Abd.

Janet and Katherine Leslie, daughters of the lale Barthol Leslie, at Mylne of Dyce
v. Wm. Meluill in Wester Fintray. Cautioner Mr. Wm. Ray, burgess of Abd.

20. Renunciation and Discharge. Margaret Strauchine, wife of John Leslie of
Duncanstoune, renounced her rights to the lands of Old and New Flinder in the Parish
of Christiskirk and Regality of Lindores, in favor of her eldest son, Patrick Leslie, and
Margaret Forbes, his future wife.

25. Loosing of Arrestment. Alexander, Master of Forbes v. Sir Alexr. Hay of
Dalgatie, Knight, and his tenants, and specially his tenants and feuars in the town of
Turriff. Cautioner Patrick Birnie in Corsegeldie of Delgatie. Peats in the " reid "
moss.

26. Assault— Blood-drawing. The Procurator Fiscal and John Muir in Manes of
Arnage, the injured party v. Thomas Stewen in Towie of Arnage. Cautioner James
Cheyne, apparent of Arnage.

27. Loosing of Arrestment. Thomas Mutray of Clubisgowell v. Marjory Cassie,
widow of Andrew Moir in Ilalkhillok. Cautioner James Cassie of Quhyitstrippis.

Aug. 5. Torturing a Servant. The Procurator Fiscal and David Beanes, the injured

party v. Wm. Russell, Wobster, freeman of Abd. Cautioner Gilbert Ilerwic, burgess
of Abd. Russell was to be tried on August 19 for " taking torturing & kerking in lint
cords David Beans his seruitour " on 25 July. On the margin there is a minute to the
effect that this act of caution is " deleit" of consent of parties and the Sheriff, because
the Provost and Baillies, as Justices of Peace, were to try the case.

lo. Loosing of Arrestment. George Johnestoune of that Ilk and of Caskieben v.

John Innes, formerly in the croft of Bradmyr, and then at Mylne of Warthill. Cautioner
Mr. Alexr. Reid of New Mylne and Notary Public in Abd.

243

Aberdeenshire Sheriff Court:

1620.

Aug. ii. Assault — Blood-drawing. The Procurator Fiscal and George Bowman at Mylne

of Auchnagat v. Gilbert Lawrence at the Ower Mylne of Arnage. Cautioner Thomas
Cheyne of Ranestoune.

Loosings of Arrestments. Archibald Wod of Douwne, as assignee of Andrew
Kid in Meikill Elrik v. Margaret Bruce, widow of Andrew Low at the Craigmill and
others. Cautioner George Quhytheid, Tailzeour, burgess of Abd. Claim in connection
with the spuilzie of a mare.

12. William Gordoune, younger and elder, of Balgownie v. John Blair in Tilliekeirie.

Cautioner Alexr. Blair, Freeman, Tailzeour, burgess of Abd.

14. The Procurator Fiscal and Thomas Philp, Craftisman, burgess of Abd. z>. Alexr.

Findlater, Litster, burgess there. Cautioner James Birnie, VVobster, freeman and
burgess there.

17. Janet Duncane, widow of Abraham Forbes of Blaktoune v. John Dik in Torfines.

Cautioner Alexr. Stewine in Meikle Maildrone.

19. Removing. Margaret Knox, widow of Gilbert Conan, consented to remove from

Todellhillis in Ellon in favor of Alexr. Cheyne, burgess of Abd., the proprietor.

Loosing of Arrestment. Mr. Robert Irving of Moncoffer and Mr. Alexr.
Irving of Hiltoune v. Robert Joiss in Grandoune. Cautioner Win. Robertsone, burgess
of Abd.

25. Obligation. Conditions of Tenancy. Margaret Paull, widow of Robert Watsone

in Murcour, as principal, and Robert Gordoune in Blindburn of Arnage as cautioner for
her, bound themselves for fulfilment to Mr. Thomas Meingzeis of Balgownie of the
conditions of tenancy of her late husband's occupation of eight oxengait of Murcour.

29. Loosing of Arrestment. Janet Gordoune, widow of James Crichtoune of

Frendraucht, and Thomas Gordoune of Grandoune, her husband v. John Ilendrie in
Muirtoune, John Thomson there and Wm. Mylne in Bognie. Cautioner George
Crichtoune of Boulziestounc.

Septr. 6. Assault — Blood-drawing. The Procurator Fiscal and Isobel Fergussone, sister
and servant to Wm. Fergussone at the Mylne of Gelcomstoun v. Alexr. Findlater,
Litster, burgess of Abd. Cautioner Thomas Gray, burgess there.

12. Loosings of Arrestments. George Gordoune of Gicht v. Gilbert Cassie in

Nethermuir. Cautioner Gilbert Simsone in Arnage.

14. John Keythe in Kayrntradlene v. James Mailling there. Cautioner David

Symesone, Saidler, burgess of Abd., whom Mr. Walter Andersone, " Minister of Gods
word at Kynnellar," bound himself to relieve.

16. Lilias Crawfuird, Agnes Innes, her daughter, and Robert Innes, takisman of the

lands of Cragiehishill v. John Walker of Meikle Creichie. Cautioner Mr. James
Irving, Advocate in Abd.

244

Judicial Enactments: Vol. III., Contents

1620.

Septr. 17. Loosings of Arrestments. Henry Glennie in Petmedden and Robert Abir-

crombie at Mylne of Petmedden v. James Leslie, burgess of Abd., then in Ederlick.
Cautioner Adam Leyth of Drumquhendill.

20. Wm. Simsone at the Kirk of Keig v. John Blair in Tillikeirie. Cautioner Alexr.
Blair, Tailzeour, burgess of Abd.

Alexander, Master of Forbes, with Arthur, Lord Forbes, his father, as his tutor,
and John Forbes of Brux, John Forbes of Petsligo, Wm. Forbes of Tolquhone and
John Forbes of Cask, his Curator v. Alexr. Skein of that Ilk and his tenants of
Brashlassie. Cautioner Mr. Patrick Skein, burgess of Abd. The dispute here was
about the hill and muir of Tamnagowin.

21. John Knox of Knok and Micheall Symsone at the Mylne of Knok v. Andrew
Keillo in Coynik. Cautioner Sir Wm. Keyth of Balmure, Knight.

26. Alexr. Skein of that Ilk v. Alexander, Master of Forbes, and others. Cautioner

Thomas Burnet of Ennets. The lands mentioned were Bogdowaltie and New-ward.

28. George Bisset in Bischopstoune v. Arthur Bissel in Carnetralzeane. Cautioner

Angus Grant there.

Octr. 4. George Leslie of Kincraigie v. Wm. Forbes of Tilliekeirie, and John Clerk and

Thomas Blair in Kirktoune of Touche, his tenants. Cautioner John Forbes, son of the
late Arthur Forbes of Balfour and burgess of Abd. The crop on a part of the lands of
Torries, " callit the Lonnings," was in dispute.

5. Barbara Knox, sister of John Knox of that Ilk v. Andrew Keillo in Conzeak.

Cautioner Nathaniel Heriot in Boddum.

10. Patrick Leyth of Licklieheid v. Katherine Skeine, widow of Patrick Leyth of

Licklieheid. Cautioner Robert Forbes of Tomaids.

12. Duncan Gall in Waster Bannirrell, as assignee of Win. and Alaster Gall v. Andrew
Roger in Balnacroft. Cautioner Thomas Gordoun of Grandoune.

13. William Ferreis in Tulliche v. Barbara Youngsone, widow of John Ferreis there.
Cautioner Matthew Youngsone, Tailzeour, freeman and burgess of Abd.

14. Assault— Blood-drawing. The Procurator Fiscal, Beatrix Cuik, wife of Thomas
Findlay in Baudichell, and her husband v. James Burnet in Fraserburgh and Thomas
Burnet his son there. Cautioner John Andersone, Cordoner, burgess of Abd.

Novr. 3. Loosings of Arrestments. The Procurator Fiscal and John Hay of Cremond-

mogat v. Margaret Tarwes, widow of Wm. Watsone of [? in] Haddo and Andrew and
Wm. Watsone, her sons. Cautioner Wm. Tarwes in Northessies.

Wm. Coupland in Ardine v. Patrick [?] Gardiner in Leffrokhillok. Cautioner
Alexander Mitchell, burgess of Abd.

245

Aberdcenshire Sheriff Court t

1620.

Novr. 6. Renunciation and Discharge. Anna Crichtoune, Lady Meldrum, wife of Wm.

Setoun of Meldrum, in favor of James Crichtoune of Frendraucht, her brother german.
The lady renounced her rights to the lands of Petquhensie and discharged her claims to
legitim and others from the estate of the late James Crichtoune of Frendraucht, her
father, as well as under her Marriage Contract dated 19 February preceding.

8. Disposition of Moveables inter vivos. Margaret Gareoche, widow of Alexr.

Chesser in Glasgoforrest, in favor of Thomas Chcsser and Elspet Moir, his wife. On
the narrative of the disabilities of old age, and on condition of their maintaining her for
her lifetime, the granter disponed to Chesser and his wife her household plenishing and
farm stocking as detailed and valued in the entry.

Loosings of Arrestments. John Hay of Cremonmogat v. George Boyache in
Rattrey. Cautioner David Wat in Elrick.

13. William Richie in Eddindurnocht v. Gilbert Touche in Hauche of Cevilie [or

Cowlie]. Cautioner Wm. Gordoun of Kennertie.

The Procurator Fiscal and Alexr. Strauchin of Glenkindie v. Robert Russet in
Tillibraland. Cautioner John Milne in Braland.

Gilbert Clark, Wobster in Auld Abd. v. Thomas Dowass, Wobster, and Cristane
Clark, his wife and daughter of the arrester. Cautioner Mr. Andrew Clark, Advocate,
burgess of Abd.

William Ogihvie in Bonitoune v. Robert Gray there. Cautioner George Abir-
nethie there.

James King, younger in Auchmillen v. Jcills Andersone, widow of Mr. Arthur
Andersone of Auchmillane. Cautioner Wm. Gordoune in Auchnastink. There were
special arrestments in the hands of Mr. James Elphingstoune of Eairnes and Thomas
Espline, Chamerlane to my Lord Elphingstoune.

James Birnie in Achaidlie v. George Wricht in Littill Drumquhendill. Cautioner
John Bisset there. " Sex roks" were arrested in the hands of Wm. Forbes at Mylne
of Tolquhone.

18. Renunciation. James Seytoune, sometime in Tilliquhorthie, and Margaret

Name, his wife, in favor of Thomas Muttray, Fiar of Clubisgowill. Seytoune and his
wife renounced the last three years of a five years lease of a croft on Pervynneis.

Deer. 9. Loosing of Arrestment. James Forbes, sometime of Lethintie v. James

Garioche of Kinstairis. Cautioner Robert Merser, Messenger in Abd.

30. Assault— Blood-drawing. The Procurator Fiscal and Alexr. Peirie v. John
Browne in Meikill Tibbertie. Cautioner Patrick Cheyne, Lax Fischer in Abd.

246

Judicial Enactments : Vol. Ill*, Contents

1621.

Jany. 3. Loosings of Arrestments. Wm. Ogiluie in Bonnietoune and others v. Wm.

Home in Cabitie. Cautioner John Straquhan, burgess of Abd.

19. Robert Forbes in Auldtoun of Meikill Wardess v. Thomas Ardes in Kirkhill.

Cautioner Robert Gordoun at the New Mylne of Knokaspok. 50 merks was said to be
arrested in the hands of John Spencc of Boddom.

22. Robert Murray in Udnie v. Alexr. Ingland in Tillemad. Cautioner Wm. Blak,
burgess of Abd.

Removing1. Mr. Wm. Moir, burgess of Abd. and proprietor of Scottistoune v.
Andrew Roger there. Roger admitted indebtedness for the rent of the year 1620, and
consented to remove from his holding.

Feby. 8. Loosings of Arrestments. The Procurator Fiscal v. James Forbes in Kinnellar.

Cautioner Duncan Blakhall, burgess of Abd.

12. Alexr. Andersone, Cordoner in Auld Abd. v. Isobel Kelmane there and Gilbert
Merser, her hushand. Cautioner John Merser, sometime in Auld Abd.

14. John Walkar of Creuchie v. Isobell Reid in Meikill Creuchie. Cautioner John

Urquhart in Allachie.

Andrew Collie in Gawell v. Patrick Wobster in Bruchill. Cautioner John Urqu-
hart in Allachie.

21. Wm. Gordone in Douchrie v, Alexr. Garvack in the Borrow Croft of Quyhtcross.

Cautioner Wm. Reid at the Milne of Wattertoune.

23. Slaughtering Sheep, etc. The Crown v. James Tawer alias Reid in Creak.
Cautioner Wm. Tawer in Auchmenzie. The accused was charged with "the cruell
stricking and slaying of the number of fourtein heids of slieip ane cow and ane mair
pertening to James Milne in Bralen."

March 6. Loosing of Arrestment. James Thomsone in Cowie v. Alexr. Walker in Kin-

bethock. Cautioner Mr. James Elphingstoun of Barnes.

13. Assault. The Procurator Fiscal and Alexr. Thames in Countiswallis and Margaret
Craig, his wife v. John Farquhar there and Janet Farquhar, his daughter. Cautioner
Wm. Clerk in Auchlie.

14. Loosings of Arrestments. John Barkar, Smyth in Auld Abd. v. Thomas
Cuming there. Cautioner George Keyth, Saidler, burgess of Abd.

21. Nicoll Peirie in Clait v. Bessie Davidsone in Towie. Cautioner John Mylne in

Brawland.

24. George Marqueis of Huntlie v. Malcome Strath in New Logieauldtoun. Cautioner
Patrick Meldrum, Fiar of Idene. This was in connection with a claim for the rent of
eight oxengait of Knokleyth crop and year 1620.

247

Aberdeenshire Sheriff Court :

1621.

March 24. Loosings of Arrestments. Alexr. Strathauchin of Glenkyndie and Walter

Toux at the Mylne of Auchnagat v. Alexr. Slrathauchin of Touxhill. Cautioner
John Stewart " Mylnewaird " at the Mylne of^Auchnagat.

Elspct Craih in Elrik v. Walter Toux in Auchnagat. Cautioner James Murdo in
Barrak. A " wob of plaicling " in the hands of Andrew Hendersone, Wobster in Elrik,
was specially arrested.

29. Assault — Blood-drawing1. The Procurator Fiscal and James Malthowsone in

Bogheid of Balquhane v. George Mair at the Chappell of Gariauche. Cautioner James
Andersone in Knokallachie.

April 6. Removing. Mr. Wm. Moir of Scottistoune v. Thomas Jamesone there, who

agreed to remove from his occupation of eight oxengait of the sunny half of Scottistoune
at Whitsunday following.

7. Removing. Mr. Robert Irving of Moncoffer v. George Craigheid in Lochehills,

who agreed to remove from the shadow half of these lands situated in Sancl Machair at
Whitsunday following.

13. Renunciation and Discharge. Isobel Setoune, wife of Wm. Setoune of Dis-
blair, and Elspet Leask, wife of Mr. Robert Paip, Advocate in Abd., in favor of John
Setoune, son of the first named lady, and Margaret Irving, his future wife. Mrs.
Setoune's renunciation embraced the lands of Melvingsyd in Culsalmond and two
ploughs of the third part lands of Logieruiff and Mylne of Logicruiff in Logiebuchane,
while Mrs. Paip renounced the two ploughs of Logieruiff only.

14. Removing. Mr. Robert Irving of Moncoffer v. James Cargill in Lochehillis and
Dorathia Udnie, his wife. Cargill and his wife were occupiers of part of the shadow
half of these lands from which they agreed to remove.

19. Loosings of Arrestments. Alexr. Fraser of Techmurreis v. John Daniell in

Percock. Cautioner John Morisone, burgess of AbJ.

21. Patrick Leithe of Liklieheid and Adam Lcithe of Annagathill v, Patrick Watsone in

Auchlewin. Cautioner Wm. Forbes, Fiar of Bairnis. As an example of many similar
arrestments in this class of books the description here may be quoted : " the haill
biging foilzie and tymmer presentlie standand upone the said Patrik his occupatione of
Auchlewin sick as cuppills panis ruiffis lokis durris and winddowis."

24. John Gordoun of Crabistoun v. John Watsone there. Cautioner George Johnestoun

of that Ilk.

May I. Wm. Philp at the Milne of Petfoddells v. Andrew Traill, Wobster in Wastertcun

of Petfoddells. Cautioner Andrew Williamsone, elder, burgess of Abd.

2. John Wod, Chamberlane to my Lord Marchell v. James Mortimer, sometime Fiar

of Craigiewar. Cautioner John Edward in Pettodrie. There was a special arrestment
of Mortimer's " beir and aittis presentlie in Auchquhartnie."

248

Judicial Enactments: Vol. HI., Contents

1621.

May 10. Loosings of Arrestments. Mr. Andrew Massie, Commond Procurator of the

College of New Abd. v. Jeane Lumisdane, widow of Alexr. Chalmer of Cow nteswalls,
Prowest of Abd. Cautioner Robert Chalmer, younger, burgess of Abd. The rents of
the occupants of certain crofts in the Burgh were specially arrested. These were
George Scot, Alexr. Blakhall, Mailman and Gilbert Mackie, Fermorar.

12. Adam Fraser of Finnache v. John Thomsone, alias Souldan, and Win. Weir in

Finnache. Cautioner Wm. Gordoun of Cottoune.

James Reid of Mid Clova v. Thomas Thomsone there. Cautioner Alexr. Lumsden
•of Clova.

John Leslie of Duncanstoun v. George Gib in Auld Flindar. Cautioner Alexr.
Barone in Brae of Strabogie.

Patrick Gordone in Corsindae v. Walter Mollasone in Corsindeye. Cautioner
Charles Chalmer, portioner of Wester Fintray.

James Smyth, alias Chalmer, in Eister Tyrrie v. Isobel Smyth, widow of John
Yuill, sometime there. Cautioner Alexr. Third in Carnemuir.

Wm. Leslie of Lylle Wartle v. George Raitt in Lytle Folia. Cautioner Alexr.
Watsone, burgess of Abd.

18. Patrick Leith of Quhythalche v. Thomas Shreffin Cairnecoische. Cautioner John
Forbes, younger, burgess of Abd.

Wm. P'orbes of Tolquhone v. James Watsone in Blairfull. Cautioner James
Johnstoun in Cairnebrogie.

19. Arthur Dilgarnoche of Fortrie v. Wm. Forsylhe in the Blackhill of Fortrie.
Cautioner Alex. Michell in Tillekirie.

21. Mr. John Chein of Arnage and James Chein, his eldest son v. Thomas Schewan
in Arnage. Cautioner Patrick Strauchen of Kinnaclie.

Alexr. Cuming of Culler v. Andrew Brabner in Lastis. Caulioner Alexr. Chalmer,
younger, burgess of Abd.

John Calder of Migvie v. John Leye, Milwarl in Kinnadie. Caulioner Robert
Farquhar in Newtoune of Kinnadie.

22. Helen Leithc and Mr. Wm. Forbes, " Sub-principall of the Kingis Colledge of
Auld Abd.," her husband v. Thomas Gordone of Dilspro. Cautioner John Forbes of
Milne of Melgum. There was a special arrestment in the hands of Wm. Lundsaye,
burgess.

Removing. Patrick Leith of Monthgarie v. Adam Gordone in the Quhythoussis
of Monthgarie. James Gordone of Knockespock was Sheriff Depute and signed Ihe
entry " Knokespek Sref deput."

II 249

Abzrdeenshire Sheriff Court:

1621.

May 23. Removing. Wm. Gairdin in Auchquhronie v. George Forbes in Tartowie.

Cautioner John Wod, Bailzie in Milboy. Money was arrested in the hands of John
Tailzeour in Aidiesloune.

Removing. Robert Forbes of Echt v. Adam Gordoune in Quhythous, who agreed
to remove immediately from part of a croft upon Boquharne in Tillinessill.

Loosing of Arrestment. James Gordone, younger, of Lesmoir, George Adam-
sone in Glenhouss and James Chrystisone in [?] Rodonis v. Jealls Carle in Glenhouss
and Alexr. Pendriche, her husband. Cautioner James Forbes in Kinbame.

24. Discharge of Curators. Jean Scot, eldest lawful daughter of the late Mr. John
Scot, burgess of Abd., in consideration of 303 merks paid to her by Wm. Leslie of Auld
Craige, her mother's brother, discharged him and her other curators (who are not
named) thereof and of their intromissions with her estate during her minority. She
specially ratified a conveyance of heritage made by them to George Scot, her father's
brother.

25. Loosing of Arrestment. George Johnestoune of that Ilk, Alexr. Skeine of that
Ilk, John Johnestoun of Sleipiehillok, Mr. Andrew Skeine, Messenger, and Alexr.
Fraser in Bogheidis v. Robert Johnestoun in Corshill. Cautioner Gilbert Keythe of
Auchereis. A special arrestment had been used in the hands of John Keythe of Carne-
trailzeane.

Renunciation and Discharge. Agnes Johnestoun, wife of Robert Johnestoun,
Baillie, burgess of Abd., in favor of George Gordoun of Gicht. The subjects of which
the lady renounced her conjunct fee, liferent, etc., were the half lands of Mains of
M earne and half lands of Ilatlerseatt in the parish of Belhelvie. The first appearance
of Thomas Gordoune of Litill Gowill as Sheriff Depute.

Loosing of Arrestment. Gilbert Burnet in Kirktoune of Fetteranguis v. John
Smythe in Manes of Kindrocht. Cautioner John Andersone, burgess of Abd.

28. Judicial Ratification. Elspet Meldrum, wife of Andrew Meldrum, sometime of

Jackstounc, then of Ardfork, ratified a contract between her husband and Robert
Stewart, brother to the late John, Earl of Atholl, and Janet Leslie, his wife, dated at
Aberdeen, 12 November, 1613. The contract was one for the alienation of Jackstoune
in favor of Stewart and his wife under reversion.

Loosings of Arrestments. John Leslie of Petcapill and John Leslie, Fiar thereof
•v. Alexr. Andersone at the New Mylne of Cremond. Cautioner George Johnestoun of
that Ilk.

June 6. John Cowtis in Eister Collairlie v. Margaret Cowtis, his sister german. Cautioner

Alexr. Scott in Waster Collairlie. There was a special arrestment in the hands of
James Galloway in Collairlie.

8. John Leslie, Fiar of Balquhain v. Mr. John Chein of Petfiechie. Cautioner

Thomas Chein of Raniestoune.

250

Judicial Enactments: Vol. EL, Contents

1621.

June 9. Loosings of Arrestments. Alexr. Smyth in Pulee v. Robert Merser in Endowie

and Wm. Merser there. Cautioner Duncan Blakhall in Clerkseitt.

12. John Leslie, elder, of Buchquhane v. Alexr. Farquhar in Knokallachie. Cautioner
John Leask, burgess of Abd., whom Hectour Davidsone in Abd. bound himself to
relieve.

Francis, Earl of Erroll v. George Hay in Ardifferaye. Cautioner Alexr. Cruck-
shank, elder, burgess of Abd., to whom Robert Cruickshank, also burgess, became
bound in relief.

14. Wrongous Intromission. The Procurator Fiscal and Gilbert Mainie in Kyn-
neller v. James and Abraham Forbes there, Andrew Forbes in Tartowie and Wm.
Abell in Carnetrailzeane. These persons were charged with coming to Mainie's house
and " sersing seiking taking clakring and melling " with his geir.

15. Loosings of Arrestments. Alexr. Smyth in Pulee v. John Jamesone in Mont-
garie. Cautioner Alexr. Blair, Tailzeour, burgess of Abd.

20. Wm. Forbes of Tillikeirie v. Wm. Garioche in Torreis. Cautioner Alexr. Blair,

Tailzeour, burgess of Abd.

23. John Leslie of Petcapill and John Leslie, Fiar thereof v. Gilbert Johnestoune of

Peirreismylne, John Gardyne and Thomas Mackie in Selbie, Wm. Glenny in Porter-
stoun, Alexr. Wobster in Boyndis, John Wobster, Robert Smyth and Alexr. Smyth at
the Mylne of Porterstoun, David Follay in Bredmyre and Gilbert Jamesone in Loche-
tulloche. Cautioner George Johnestoun of that Ilk.

Assault — Blood drawing. Marjorie Makie, wife of Wm. Gellein in Blackball
v. Wm. Angus there. Cautioner Thomas Cargill, burgess of Abd.

30. Renunciation and Discharge. Elspet Mair, wife of Wm. Cruikschank in Glen-

medling, in favor of Wm. Cruikschank, her son, and Elspet Shand, his future wife.
The subjects embraced in the renunciation were the " Schaddow half toune and landis
of Glenmedling " and pertinents in the parish of " Forge."

July 3. Renunciation, Discharge and Ratification. Dame Magdalen Scrimzeour
and Sir Alexander Irving, Apparent of Drum, her husband, by their appearance in
Court on this occasion confirmed a Contract of Excambion, dated 8 November and 5
December, 1620, between Alexr. Irvine of Drum and them, whereby they had re-
nounced the Lands of Lonmay, Corskellie, Cairness, Sawock and others which had
been provided to them by their Marriage Contract dated 2 and 30 July and ,

1617, and had accepted, in lieu thereof, Forglen and Quhytfeild in BanfTshire and the
teind sheaves of Inverurie. Sir John Scrimzeour of Dudhope, the lady's father, had
been a party to the marriage contract.

251

Aberdeenshire Sheriff Court :

1621.

July 7. Loosings of Arrestments. George Johnesloune of that Ilk i>, John Leslie,

elder, of Petcaple, John Leslie, Fiar thereof, George Chein in Auld Mylne of Creimond,
Andrew Leslie in Hill ot Creimond, John Chein in Creimond, Thomas Tailzeour there
and John Leslie in Hill of Creimond and the other tenants of Creimond and Thomas
Tailzeour in Calff-fauld. Cautioner Alexr. Leslie of Auchquhorsk. Peats, etc., in
the moss of Creimond.

John Leslie of Boquhoyne v. Alexr. Leslie of Auchquhorsk. Cautioner John
Leslie, Fiar of Petcapill. Peats upon the part of the Hill of Auchquhorsk between
Boigraxie and the Faulds of Auchquhorsk, claimed as part of the lands of Auchquhorthie.

10. Alexr. Leslie of Auchquorsk v. George Glenny and Alexr. Glenny at the Milne of
Auchquhorthies and Adam Wat at the Nethir biging of Auchquhorthies. Cautioner
Hector Davidsone, indweller in Abd. Peats between Bograxie and the Faulds of
Auchquorsk.

11. John Leslie of Pelcapill v. George Johnestoune of Caskieben, John Johnestoune of
New Place, John Johnestoune in Inglistoun and George Johnstoune of Fawells.
Cautioner Wm. Blak, younger, burgess of Abd. Peats in the moss of Creimond.

Mr. James Forbes of Ilauchetoune v. Patrick Leithe of Mongarie. Cautioner
John Leithe of Ouhylhauche. Peats in the moss of Meikill Endowie.

12. John Andersone in Wantounewalls v. Oliver Bisset in Kirktoune of Clat,
Cautioner Abraham Gardiner in Auchmenzie.

14. Alexr. Fraser, younger, of Phelorthe v. Wm. Keithe of Petindrume. Cautioner

Robert Keyth, burgess of Abd.

Aug. 6. Renunciation of Succession. Agnes Huisone, only lawful daughter surviving

of the late John Huisone, burgess of Abd., for the purpose of escaping liability for her
father's debts, renounced all right of succession to his estate heritable and moveable.
A creditor named was Bessie Tillidaff, wife of Alexr. Rowand [or Rowane]and daughter
of the late Alexr. Tillidaff, burgess of Abd. Although the young lady was 21, John
Tillidaff, burgess, her mother's brother, and Andrew Huisone, burgess, her father's
brother, were consenting parties along with their niece.

8. Loosings of Arrestments. Leonard Heatlie, servitor to John Leslie, elder, of

Balquhoyne v. Hector Davidsone, indweller in Abd. Cautioner Michael Leslie in
Kirktoune of Oyine.

14. James Grant of Enzeane v. Thomas Couttis in Tulchaspick. Cautioner John

Andersone in Bruimhill.

17. Wm. Forbes, younger, Merchant, burgess of Abd. v. Thomas Hervie, John and

James Walkar and Andrew Leithe, younger, all indwellars in the Cruiffis. Cautioner
Alexr. Forbes, portioner of Cruiffis. There was a special arrestment of " the salmone
fisches young and auld presentlie saltet in thair commoune corp hous and in ewerie ane
of thair proper houssis."

252

Judicial Enactments: Vol. HL, Contents
1621.

Aug. 18. Loosings of Arrestments. Alexr. Cuming of Culter v. James Gordoun of

Knokespok. Cautioner Duncan Blakliall in Clerkseat. A sum of ^40 was arrested
in the hands of Wm. Cordoner, Advocate in Abd., " quhilk was restand awand be
James Barnet in IJillafaulds to John Johnestoune sumtyme in Maiddencrage and now
in Pettingoullis quhilk sowme of fourtie punds apperteins to the said James Gordoun as
he quha hes obtenit decreit agains the said James Barnet and the said John Johnestoun
for his entress as debitor debitoris."

Thomas Ilervie, John and James Walker and Andrew Leithe, all in the Cruives v.
Wm. Forbes, younger, burgess of Abd. Cautioner Baillie Thomas Forbes.

25. John Reid in Tallireauche v. David Fergus in Muirtoun of Corss. Cautioner

Patrick Bishop of Abd., appearing by Mr. Robert Paip, his procurator.

31. Andrew Meldrum of the Muirs of Fywie v. Magnus Mowat of Bolquhollic.

Cautioner James Mowat of Smiddieseitt. Peats in the moss of Blachrie.

Septr. I. James Ogiluie of Auchleuchreis v. Alexr. Wilguiss, John Gellan, George Blak and

Patrick Gellan, all in Tillibreks. Cautioner John Gray at the Mylne of Leask. Peats
within the marches of Waster Auchleuchreis.

5. John Forbes of Petsligo v. John Gordoun, elder of Craige, John Gordoun, Fiar
thereof and their tenants of Clynkistoun. Cautioner John Mylne, occupier of two
ploughs of Braland. There was a special arrestment of "sic comes as is sawin in the
Howe of the Meikill Slak of Fawdlyng."

6. Wm. Setoun of Meldrum v. Patrick Gordoun, brother german of Sir Alex. GorJoun
of Cluny, Knight. Cautioner Sir Alexr. Gordoun. Corns standing in the yard of
Cattye.

11. Wm. Leslie of Lyttill Warthill v. Wm. Rait in Lyttill Fola. Cautioner John
Chalmer, burgess of Abd.

Robert Crichtoun of Condland v. James Birny, Wobster, friemane of Abd.
Cautioner John Malice, also Wobster, friemane there. There had been arrested 20
ells of Dornick cloth in the hands of James Ingrahame in Thomastoun.

12. Thomas Mylne in Carnebulge v. Margaret Jaffray, widow of Robert Mylne in
Inverallachie. Cautioner Thomas Hay, tenant and indwellar in Pettoulleis.

14. John Forbes of Petsligo v. John Leslye of Wardes and his tenants of Wardes and

Dinniduir. Cautioner John Urrey, burgess of Abd. Peats, etc., cast and come sown
on any part of Meikill Wardes.

22. Arthur, Lord Forbes v. Sir Alexr. Gordoune of Clunie and Duncan Brek, Robert

Smyth and Robert Moir in Greinburne his tenants, and also Wm. Gordoune of Sauchin
and his tenants of Meikill Sauchin. Cautioner Donald Farquharsone of Tilligarmond.
The corn sown upon the " muir callit the commone muir of Gilhadrik " had been
arrested.

253

Aberdeenshire Sheriff Court:

1621.

Sept. 27. Loosings of Arrestments. John Gordoune of Craig and John Gordoune, Fiar of

Craig v. "the richt honorable" John Forbes of Petsligo and his tenants of Wardes,
Leuchlybrae and Lergy. Cautioner George Keithe, Portioner of Petindrum. Peats
and corn arrested.

29. Alexr. Fraser of Forrest v. Thomas Fraser of Streichin, Patrick Chalmer at the

Milne of Streichin and John Smythe at the Walk Milne of Streichin. Cautioner Mr.
Thomas Davidsone, Commissary Clerk of Abd. The crop upon " the pleuche hill of
Faichlee " had been arrested.

Octr. 2. Andrew Meldrum of the Muiris of Fyve v. John Home of Balgownie. Cautioner

Magnus Mowat of Boquhollie. Peats in the moss of Blachrie.

4. John Leslie of Wardes v. John Forbes of Petsligo and the tenants of Myrtoune and

Meikill Wardes. Cautioner John Ilogsteine, burgess of Abd. Peats in the moss of
Grugeithe were specially arrested.

8. Thomas Forbes, burgess of Abd. 7,'. David Ilervie in Gaittsyd of Murthill and James

Barclaye and Archibald Ilervie in Auldfauld of Murthill. Cautioner Richard Watsone,
burgess of Abd.

10. Alexr. and George Glenny at Mylne of Auchquhorteis, John Leslie, Fiar of Bal-
quhane, Adam Watt and Wm. Tailzeour in Nether biging of Auchquhortheis :;. Alexr.
Leslie of Auchquhortheis and Walter and George Senzeours there. Cautioner Patrick
Gordoune of Birsmoir. A special arrestment of faill and dowattis cast upon the South
side of the " burne callit Burne Irve."

11. The Procurator Fiscal and Robert Keyth of Auldmad for his interest v. Edward
Reid in Baukwall [or Bankwall]. Cautioner Thomas Cowie, elder.

19. John Ilendersone in Auchedlie v. John Cassie in Lytle Aysie. Cautioner Robert
Skeine, burgess of Abd.

20. John Gordoune of Tilleelt v. Robert Johnstoun at the Kirk of Tarves. Cautioner
Robert Murray at Kirk of Udnie. Crop upon the land of Braiklay Tarves arrested.

23. Thomas Fraser of Streichin v. Andrew Fraser in Haltoune of Forrest,
Nicolsone and Andrew Gaw there. Cautioner Alexr. Fraser of Techmuirie. Crop sown
upon the Hill of Mormond.

24. George Barclay of Auchredie v. Harie Barclay in Sancher. Cautioner John Leslie
in Weitlis.

Sir Alexr. Gordoun of Cluny, knight, and William, Lord Gordoun of Sauchine v.
Arthur, Lord Forbes, Thomas Burnett of Ennattis and their tenants in Ordyfork,
Owerscheall, Nether Scheall, Bankheid and Manelie. Cautioner John Forbes of Edin-
banchrie. Crop on " Gilherik." {Vide 22 Sepr. supra].

254

Judicial Enactments: Vol. EL, Contents

1621.

Octr. 27. Discharge of Arrestment. Bessy Raye, widow of Wm. Dune, burgess of Abd.,

appeared and discharged in favor of Charles Kellie, sometime in Pettismilne, all arrest-
ments used by her against him, and specially those in the hands of Gilbert Jhonstoune
of Isaakstoune and Gilbert Jhonstoune of Pettismilne.

30. Loosings of Arrestments. John Keithe in Carnetrailzean v. Wm. Hunter there.

Cautioner Wm. Hunter in Auchquhorsk, his son.

Novr. 7. John Irving of Haltoune and Alexr. Aidie, " Milnart " v. Gilbert Broune,

Messenger. Cautioner James Makesone in Litle Endovie.

10. Nicolas Ross, Cordoner, burgess of Abd. TJ, David Chalmer, John Andersone, Wm.

Spence, Gilbert Thomsone and Alexr. Hall, all Cordoners, burgesses of Abd.
Cautioner Wm. Forbes of Barnes.

Judicial Ratification. Isobel Cheyne, wife of John Bruce of Grayesfortrie in the
parish of Ellon, here ratified a wadset of these lands, granted by her husband to George
Bruce, Sadler, burgess of Abd., for the relief of the latter, who had become cautioner
for John Bruce in an obligation, granted by him to Gabriel Lithgo, Meassone in Abd.,
Robert Cruickshank, burgess there, and the heirs of Alexr. Pirie, Wreicht there.

Renunciation and Discharge. In consideration of the sum of 1200 merks paid
to them by Alexander Lyone of Bracka, who had, as assignee of James Gordoune of
Bracka, right to redeem the subjects, John Petrie, sometime in Cubyris of Bolquhane,
but then in Quhytwalls, Marjorie Gordoune, his wife, and Mr. Wm. Petrie, their eldest
son, 22 years of age, acknowledged to be redeemed the subjects following, viz. : Quhyt-
walls, Bruimfauld, F"arquhars Croft, Pypers Croft and Mortimers Croft, all in the parish
of Logiedurno. Bruimfauld was described as lying on the West side of the corn yard of
Bracka. The entry is of considerable length, and contains various other particulars of
the transaction.

12. Loosings of Arrestments. John Farquharson in Tillecairne v. Thomas Esplein

in Newbiging. Cautioner Alexr. Reid in Drumnahuiff.

14. Katherine Fraser, widow of Wm. Forbes of Corsindaye v. Patrick Gordoune in
Corsindaye and also Wm. Younge there, John Elmslaye there, Robert Paton there and
Walter Molysone there. Cautioner for Gordoune Robert King in Auchmilane and for
the others the said Patrick Gordoune.

Assault— Blood-drawing. The Crown v. James Forbes in Kinellar. Cautioner
John Moir in Kairnetraidlzean. The party said to be assaulted was John Able in
Kinellar.

15. Loosings of Arrestments. Mr. Wm. Forbes, Minister at Kindrimmie v. Mr.
Wm. Davidsone, Minister at Auchindoir. Cautioner Mr. Thomas Davidsone, Com-
missary Clerk of Abd.

17. James Smyth in Peterheid v, Patrick Farquhar, burgess of Abd. Cautioner Alexr,

Hall, Cordoner, burgess of Abd.

255

Aberdeenshire Sheriff Court :

1621.

Novr. 21. Loosings of Arrestments. Katherine Fraser, widow of Wm. Forbes of Corsin-

daye v. John Crombie and others in Balwack. Cautioner Wm. Forbes of Monymask.

23. Bessie Chalmer, daughter of the late John Chalmer of Fintray v. Isobel Chalmer,

her sister. Cautioner Arthur Chalmer, burgess of Abd.

27. John Calder of Newtoune v. Wm. Ronald in Easter Migvie. Cautioner John
Gordoune of Auchterellone.

28. George Tavidall in Rene, John Tavidall and Janet Tavidall in [?] Bankinenter v.
Margaret Andersone, widow of Andrew Tavidall in Glenniestoune. Cautioner Thomas
Watsone, Messone in Auld Rain.

27. Wm. Leslie of Ryhill v. George Archibald alias Leith in Buchanstoune. Cautioner

Andrew Archibald, Chirurgiane in Auld Craige.

Deer. 3. Mr. Wm. Davidsone of Ord v. James Forbes, sometime in Feddie. Cautioner

Duncan Blakhall in Clerkseatt. •

6. John Forbes of Petsligo v. Alexr. Wood in Auchindarge, Wm. Spence in Mekill

Tibbertie, Isobel Marr there and Robert Hardie there. Cautioner Robert Spence in
Mekill Tibbertie. The Laird of Petsligo was here suing as assignee to Anna Forbes,
" Ladie Foverane."

12. Margaret Dickie in the Over milne of Kintoir v. George Black in Nethirtoune of
Knockinblevvis. Cautioner John Black at the Chappell of Garioche.

Horse Stealing. The Procurator Fiscal v. George Hay, sometime in Miltoune of
Birnes. Cautioner Wm. Keith in Gavall. The charge was of stealing " ane broune
naige from George Gordoune of Gicht and Thomas Torrie in Maines of Birnes."

Loosings of Arrestments. Patrick Leythe of Mongarie v. Adam Gordoun in
Fulzemont. Cautioner John Gordoun of Crag of Auchindoir.

13. Mr. Alexr. Keythe of Bankwall v. Edward Reid, sometime in Bankwall, but then
in Brigend of Tyiie. Cautioner Thomas Cowye, elder, burgess of Abd.

15. Thomas Cheyne of Rainystoune v. Win. Milne in Drumrossie. Cautioner Wm.

Forbes, Fiar of Barnes.

29. Alexander and Henry Annand v. Archibald Mar, Serjand in Abd. There had
been arrested four bolls of beir in the hands of Alexr. Blackball, burgess of Abd.

1622.

Jany. 5. Robert Clerk in Ouchmull v. James Smythe, younger, in Perslaye. Cautioner

James Smythe in Perslaw. Ten marks arrested in the hands of Gilbert Gordone in
Kintoir.

14. George Lamb in Over Rothie v. James Smythe in Camaloun. Cautioner Alexr.
flervie, burgess of Abd.

256

Judicial Enactments: Vol. in., Contents

1622.

Jany. 15. Loosings of Arrestments. Mr. Wm. Forbes of Cragiewar v. Alexr. Forbes at

the Milne of Towie. Cautioner John Johnstoun in Inglistoune.

22. George Ogstone of Auchmacludie v. Edward Michie in Auldtoune of Auchiries.

Cautioner Alexr. Fraser in Memsie.

26. " The Masteris and Memberis of the New Colledge of Abd. callit Marchiall

Colledge " v. Jean Lumsden, widow of Alexr. Chalmer, sometime Provest of Abd.
Cautioner Alexr. Chalmer, burgess, her son. Special arrestments had been made in
the hands of George Scot, Alexr. Blackball and Gilbert Makie, burgesses. [Vide 10
May, 1621, supra.]

Febry. i. Obligation for Upkeep of Houses. Three tenements on the east side of the

High Street of Old Abd., of which Marjorie Vaus, widow of Duncan Barkar there, had
the liferent, had been comprized at the instance of George Bruce, Saddler in Abd., for
500 merks. John Barkar, "Citiner in Auld Abd., now became cautioner that the
widow would at her death leave the property " in as guid estait and valor as the samen
was comprysit."

7. Loosings of Arrestments. Robert Skeyne of Tullibrak v. Patrick Fouller in

Drumnaheithe. Cautioner Alexr. Thomsone, occupiar of 8 oxengait of Hilforrest.

20. James Gordoune of Blairnedinnie v. John Walkar there. Cautioner Patrick

Gordoune of Kirkhill.

25. William Troupe of Belnacraige v. Thomas Andersone in Belhangie. There was
a special arrestment here of the " timber of his" (Andersone's) " occupatioun of the
saids Lands of Belhangie sick [as] pannis ruiffis postis forckis teills lockis dores
windowes." Cautioner Sir Alexr. Gordone of Clunie, knight.

Assault— Blood-drawing. Alexr. Leslie, lawful son of John Leslie, elder, of
Balquhane v. John Leslie of Badeforray. The assault was said to have been committed
on the lands of Balquhane during the current month " with ane daiger." Cautioner
Robert Crichtoune of Condland.

26. Loosings of Arrestments. Constantine Broune in Cartmyrs v. Andrew Robert-
sone in Kirktoune of Tyrie. Cautioner Thomas Robertsone of Douhills [or Donhills].

28. Patrick and Nicol Ross of Auchlossin v. Patrick Irving, Messenger in Carnebady.

Cautioner Robert Gordoune in Torquhunlachie.

March 6. Renunciation of Occupation. James Burnet, Maltman in Frasersbruche, re-

nounced a croft there called " Kinnards fauld," in favor of Archibald Ramsaye of
Culsche.

Loosings of Arrestments. Alexr. Younge in Fingask v. Isobel Keythe in
Fraserburgh. Cautioner Alexr. Andersone, burgess and " Wreicht" in Abd.

1 8. Patrick Con of Crewlen, Baillie to Francis, Earl of Erroll v. George Blak in Was-

birnes. Cautioner George Walker, occupiar of 8 oxengait there. 400 merks in the
hands of John Moresone, burgess of Abd., was specially arrested.

KK 257

Aberdeenshire Sheriff Court:

1622.

Mar. 25. Assault — Blood-drawing. George Bourlay in Inverourie v. Win. Dauidsone in

Auld Harthill. Cautioner Hector Dauidsone, Mailman in Abd.

26. Loosing of Arrestment. Patrick, Bishop of Abd. v. George Mathesone in Kin-

kell. " The tymber of the houssis kill and killbarne, meadowes hayning and hauch
grund " were specially arrested. Cautioner Alexr. Mathesone, burgess of Abd.

April 6. Renunciation of Occupation. James Burnet, Mailman in Frasersbruche, re-

nounced his rights to " Mowals hillocks lyand on the Shaddow syd of Frasersbruche
withe the peice weit land lyand as said is logidder with the outsted houssis, &c., lyand
betuixl the Bredsea & Kynnards Held." The renunciation was made in favor of James
Cheyne in Aucheiries, Wm. Dowerlie in Fingask, Sir Alexr. Fraser of Frasersbruche,
knighl and Alexr. Fraser, domestic servant to the said Sir Alexander, according to
iheir respeclive righls.

13. Loosings of Arrestments. George None and John Kandachie in Coulls v.

Abraham Milne in Coclarachie. Caulioner James Milne Ihere.

Gilberl Ronaldsone in Blackhillock v. Alexr. Ronaldsone and John Thomsone in
Leddauche. Caulioner Alexr. Norie in Leddauche.

17. Wm. Leask of that Ilk v. Edward Adamsone at the Milne of [sic] Tiwerlie.

Cautioner George Adamsone in Blairtoune. Corn standing in Knapisleask was specially
mentioned.

26. William Lyndsay, burgess of Abd. v. James Moresone, brolher of Thomas More-

sone in Auld Gowell. Caulioner Ihe said Thomas Moresone.

May I. Alexr. Murray in Jakisloune v. Patrick Chessour there. Caulioner Magnus Mowat

in Yewbraye.

8. Renunciation and Discharge. This was a renunciation by Helen Hay, con-

sented to by her husband, Alexander Gordoun in Elrick, of the lands of Elrick in the
Parish of Deir, in favor of William, Lord Keithe, &c. The wife appeared in Court,
while the husband gave his consent in Ihc dwelling-house of Robert Keithe, burgess of
Abd.

II. Loosings of Arrestments. John Innes in Elphine v. Alexr. Cheyne in Auld

Abd. Cautioner Alexr. Buchan al Ihe Milne of Brigfeildes.

16. Alexander Forbes of New v. Patrick Geall in Tullochespick. Caulioner George

' Scott, burgess of Abd. The specification of timber work here included " porpell walls "
fparlilions].

22. Renunciation and Discharge. Margaret Murray, wife of Wm. Spens at the

Milne of Williamsloune, appeared lo renounce in favor of " ane noble and potent Lord,
David, Vicont of Slormonlhe," all her rights of [?] Baighall in Ihe Lordship of Scone
and County of " Pearlhe."

258

Judicial Enactments : Vol, EL, Contents

1622.

May 22. Loosing of Arrestment. Margaret Innes, lawful daughter of the late Robert

Innes of Meikill Elrick v. Wm. Couper at the Milne of Elrick. Cautioner George
Petrie in Meikll Elrick.

25. Renunciation and Discharge. This entry refers to the marriage settlements of

Elizabeth Campbell, daughter of Sir Duncan Campbell of Glenurquhaye, knight, and
his wife Dame Elizabeth Sinclair, on her marriage to Robert Irving of Feddraucht, son
of Alexr. Irving of Drum. The amount to be paid to Irving of Drum as tocher was
11,000 merks. The date of the marriage contract is not given, but a bond for the
amount of the tocher had been granted by Sir Duncan Campbell and his son, Colin
Campbell, Fiar of Glenurquhaye, in favor of Elizabeth Campbell, on 23 April, i6ig.
In respect of that obligation she now gave a full discharge and renunciation, not only
of the obligations in the marriage contiact but of her legilim and all other claims
" except and allways the benevolence and guidwill " of her father, mother and brother.
Her husband, as usual in these cases, then appeared and confirmed his wife's act.

27. Loosings of Arrestments. George Gordoune at the Kirktoune of Tillenessill v.

Andrew Clerk in Terpersie. Cautioner Mr. Andrew Clerk, Advocate in Abd.

29. Robert Lumsden, younger of Cuschnie v. Robert Morgne in Cuschnie. Cautioner
Mr. Robert Udnie of Lambingtoune.

Assault — Blood-drawing. The Procurator Fiscal and Andrew Davidsone at the
Doip Mylne v. John Peirie in Essilmont. Cautioner John Iloig in Rubislaw.

30. Removing. Alexr. llervie in Watertoune, as principal takisman under Andrew
Fraser of Stenniewod v. Wm. Reid at the Milne of Watertoune, who consented to
remove on Whitsunday Even. Reid farther bound himself to leave the Milne, Milne
houses and other houses as good as they had been at his entry, at the sight of Thomas
Pirie at the Milne of Dilsproe and John Simsone at the Milne of Sklettie or to pay
deterioration. He also admitted being due for rent crop 1622 46 merks, 5 capons at
6/8 each and 5 bolls and I firlot of meal. A similar entry follows regarding the Milne
Croft of Watertoune.

June I. Loosings of Arrestments. George Gordoune of Tillenesill v. John Leithe in

Cunteswalls. Grain on the " toune of Collquhirnie." Cautioner Wm. Clerk in Auchlie.

John Chalmer in Drumbulge and James Gordoune of Knockaspak, his tutor v. John
Watt in Drumbulge and James Hendrie there.

5. Wm. Forbes of Monymusk v. Robert Smythe in Coullie. Cautioners James

Smythe, Saddler, burgess of Abd. and Thomas Collie in Fetterneir.

Alexander, Earl of Dunfermling, Lord Fyvie and Urquhart v. John Watsone in
Hill of Pettie. Cautioner Alexr. Cheyne, burgess of Abd.

John Fraser of Meikill Elreick v. William Wilsone there. Cautioner Alexr. Donald-
sone in Tollie-Arnage.

259

Aberdeenshire Sheriff Court:

1622.

June 6. Loosings of Arrestments. James Kie at the Milne of Forrest v. John Steiven-

sone at the Milne of Turreff. Cautioner Wm. Forbes, burgess of Abd.

Gilbert Meingzies of Petfoddells v. Thomas Earnsyd in Coulie. Cautioner Wm.
Earnsyd in Tillimad who signed " Irnsyd."

Wm. Scuttertie in Clochorbie v. Marjory Forbes, widow of Rol>ert Shand in
Clochorbie. Cautioner Wm. Copland of Arden.

7. Wm. Forbes of Blair v. James Muirisone in Kinguidie. Cautioner George Bruce,
Saddler, burgess of Abd.

George Ker in Benwalls v. Andrew Gammak there. Cautioner Wm. Petindreiche
in Cortaillhoussis.

8. Mary Cruckshank, liferentrix of the two part of Rothmaes, George Leslie, her
husband, and John Gordoune, her son v. John Garden in Rothmaes. Cautioner Robert
Garden, liferenter of 4 oxengait of Tocherfuird.

10. Mr. Wm. Andersone [probably the Sheriff Clerk], Wm. Lange, his son-in-law, and

Bessie Andersone, his wife v. Elspet Thorntoune, widow of John Lange, burgess of
Abd. Cautioner David Ronaldsone, burgess of Abd., whom Patrick Lange or Layng
bound himself to relieve.

John Chalmer in Drumbulge and James Gordoune of Knockaspack, his tutor v.
George Milne in Ilaltoune of Drumbulge. Cautioner John Gordoune of Haltoune of
Drumbulge.

12. Renunciation and Discharge. This and the following entries bear upon the pur-

chase by Dr. Arthur Johnston of his house in the Gallowgate, which is described in the
text. Isobel Burnet, widow of John Burnet, burgess, appeared and renounced her
conjunct-fee, liferent or any other right, which she had or might claim " in favores
of Mr Arthur Jhonestoune Doctor of Physick, and Marie Cagnoncle his spous now
heritable proprietars and conjunctfiers " of the property.

Loosings of Arrestments. Alexr. Graye, burgess of Abd. and Isobel Corsser,
his wife v. Thomas Burnet, burgess of Abd. Cautioner Alexr. Andersone in Tillenturk,
whom Mr. Wm. Burnet, Minister at Kinarnie, bound himself to relieve. Graye and
his wife were creditors of Burnet in the sum of £,200 and £80 of liquidate expenses.
In security they used an arrestment in the hands of " Mr Arthur Jhonstoune Doctor of
Physick" of 1600 merks said to be due by him to Burnet, which was doubtless the
price or part of the price of the house in the Gallowgate.

James Jhonstoune in Isaakstoune v. Mr. Wm. Burnet, Minister of Kinarnie.
Cautioner Patrick Skeyne [of or in] Baindindodle. There was an arrestment here also
in Dr. Arthur Johnston's hands of ^1000 "less or mair " in security of 300 merks
claimed from the Minister at Kinarnie.

James Gordoune of Knokespak v. John Williamsone in Fywie. Cautioner Mr.
Robert Elphinstoun of Kinbroyme.

260

Judicial Enactments: Vol. IE., Contents

1622.

June 12. Loosings of Arrestments. Alexr. Calder of Assloune v. Alexr. Duncan in Little

Endovie. Cautioner George Garioche, portioner of Kinstair.

13. Wm. Name in Bogstoune, Duncan Name in Knokisoull and John Calder of Eister
Migvie for his interest v. Alexander Bruce in Grodie. Cautioners Alexr. Forbes in
Lairnie and Wm. Forbes in Pettalachie, the latter of whom bound himself to relieve the
former. In addition to the usual obligation that the arrested effects should be forth-
coming, the cautioners bound themselves that Bruce should " do ressone to Lord and
ground as accords of the law and all that he aucht to do be law and ressone."

James Robertsone at the Milne of Culquhork v. Alexr. Forbes in Learnie.
Cautioner Arthur Forbes of Cuschnie.

14. George, Marqueis of lluntlie, &c. v. Mr. Alexr. Gordoune, Minister at Glenmuck.
Cautioner Thomas Gordoune at the Milne of Ardgeithe. Peats, &c., which the
Minister had cast both in 1621 and 1622 " in the Moiss and correis of Braychelie."

Renunciation and Discharge. In this entry is contained the acknowledgment
by Robert Coutlis of Auchtercoull that he had received from Wm. Gordoune of Abir-
zeldie 10,000 merks for the redemption of the lands of " Eistoun with the pendicles of
the samen callit Knowheid and Indago " in the parish of Tarlane and Barony of
Abirzeldie, which had been wadset by Gordoune to Couttis.

Loosing of Arrestment. Patrick Gell in Grodie ». Arthur Forbes in Miltoun of
New, brother german of Wm. Forbes of Tornaveine, who was cautioner for him. 250
merks in the hands of Patrick Leslie of Flinder.

Renunciation and Discharge. Annas Keithe, wife of Adam Gordoune of
Boigholl in the parish of Saint Machar, appeared and renounced her rights to Boigholl
and also to the astricted Multures of the Barony of " Bissopeshyr lyand on the northe
syd of the water of Done" in favor of John Duff, burgess of Abd., to whom the lands
and others had been alienated.

Loosings of Arrestments. John Keithe of Carnetraidzlain v. Wm. Collie in
Ardeharrall. Cautioner Alexr. Williamsone, burgess of Abd.

Mr. George Leslie in Birsackis Milne v. John Gordoune in Feddie. Cautioner
Wm. Forbes in Auchincleche.

17. John Leslie of Petcapill v. George Baird of Auchmedden. Cautioner Mr. Gilbert
Baird in Auchmedden.

1 8. Removing. Thomas Meingzies of Balgownie v. Mr. Thomas Gordoune some-
time in Kethockismilne. With consent of Alexr. Hervie in Inverurie and George
Midltoune " ane of the ordinar Clerks of the Commissariot of Abirdein," his curators,
Gordoune granted himself orderlie removed from the Milne as at Whitsunday preceding.

261

Aberdeenshire Sheriff Court:

1622.

June 18. Loosings of Arrestments. George Cuschnie, " Blindman at the Brig of Done,"

v. Alexr. Cuschnie, "Blind Wirlar," z son of John Cuschnie, Tailzeour in Meikill
Fynnersie, who was cautioner for him.

19. James Gordoune, apparent of Lesmoir v. Adam Gordoune, sometime of Boigholl.
Cautioner John Walkar of Creichie. 9000 merks [probably the price of Boigholl] in
the hands of John Duff, burgess of Abd.

Judicial Ratification. Sir Alexander May of Delgatie, knight, had wadset his
lands of Ashalloche in Croudane to George Hay, third lawful son of Alexr. Hay of
Brunthill. This alienation his wife, Dame Isobel Leslie, now consented to and ratified.

17. Loosing of Arrestment. John Youngsone in Auchmalidie v. Gilbert and

Andrew Low there. Cautioner Arthur Forbes, burgess of Abd.

20. Renunciation and Discharge. The lands were the lands of Ardfork and Tempil
lands of Ardfork in the parish of Bethelnie and Barony of Meldrum. Elspet Meldrum,
wife of Andrew Meldrum of Ardfork, here renounced her rights in favor of Wm.
Seatone of Meldrum.

22. Loosings of Arrestments. John Moir in Cask of Crudane v. James Daniall

in Kinknockie. Cautioner Wm. Daniall in Perckok.

John Scot in v. Wm. Smythe in Ardune. Cautioner Andrew Johnstoune,

Meassone in Abd.

27. Alexr. Calder of Asloune ?;. John Clerk in Baphluige. Cautioner Alexr. Lawsone,

Tailzeour in Kincraigic.

22. James Forbes of Ilauchtoun v. Wm. Gariauch of Tillichettill. Cautioner Robert

Merser, Messenger, burgess of Abd.

July 3. Renunciation and Ratification. By her appearance on this day Helen Cheyne,

wife of Wm. Udny of that Ilk, renounced any rights she might have to, and ratified the
alienation of Mains of Uclnye, Killinortoune and Tilleeave to Wm. Setoune of Mownye,
elder, in liferent, and failing him to Wm. Setoune, younger, his eldest son. The
parties to the contract, which was dated 22 June and 3 July then current, were, on the
one part, Wm. Udny, his brothers, Mr. Robert and Mr. Alexander, his wife and
Meatie [Matilda] Gordone, his mother-in-law ; on the other part, Wm. Seatone for
himself and his eldest son.

6. Loosing of Arrestment. Henry Smart in Kintoir v. David Andersone there

and Robert Andersone, his son. Cautioner Wm. Forbes in Kinmundie. Peats in the
Commonly of Kintoir.

I This word has not been found elsewhere, but was probably meant to describe a
stunted or diminutive individual whom in these days we would probably call in local phrase
an "object."

262

Judicial Enactments: Vol. HI., Contents

1622.

July 12. Removing'. George Gordoune of Coclarachie v. John Chalmer, sometime at the

Milne of Over Blairtoune, then in South Colpnaye. Chalmer granted himself lawfully
removed, as at Whitsunday in favor of Gordoune, as heritable proprietor of the Milne,
&c.

15. Loosings of Arrestments. John Frame in Torphins v. John Dick there.

Cautioner James Clerk, Wobster, burgess of Abd.

19. Thomas Meinzies of Balgownie v. Mr. Thomas Gordoune, sometime in Kethocks-
milne, then in Ariburne. Cautioner Gilbert Hervie, burgess of Abd.

Alexr. Ramsay in Kirktoune of Echt v. Arthur, William and Alexander Monecht
in the Manes of Monecht, as intromitters with the effects of the late Wm. Monecht
there. Cautioner Robert Forbes of Tilleoche.

20. John Davidsonc in Blachillock v. Edward Youngsone in Litle Gicht. Cautioner
Wm. Pratt, occupier of 8 oxengait there.

Sir Alexr. Hay of Dulgatie v. Alexander, Maister of Forbes, and his tenants of
Meikill Fintraye. The peats, &c., in the moss called the " reid " moss in the parish
of TurrerT. Cautioner John Mitchell in Snaw Place.1

31. John Calder, Merchand v. Margaret Sandie in Culsche of Feddrett, widow of

Patrick Fynnie in Culsche, sometime in Brucehill. ^40 in the hands of John Brydie
in Baithleme.2 Cautioner Win. Fynnie in Greinness.

Augt. 2. Wm. Murdo in Inverchumbrie v. Wm. Daniell in Perckok. Cautioner James

Daniell in Kinknockie.

6. Mr. Wm. Forbes of Craigiewar v. Robert Cruickshank in Seattis, Andrew Simmer,

James Simmer, Thomas Davidsone, John Beiddie, John Garden, Henry Arbuthnot
and Gilbert Suape all in Disblair. The defenders had been cutting peats on the lands
of Fintraye on the south side of the " Reid burne." Cautioner Wm. Setoune of
Disblair.

Alexr. Skeyne, portioner of Tulloche v. George Petrie in Migvie. Cautioner
Thomas Cowtis, Messenger and occupier of 4 oxengait of Migvie.

9. Wm. Gordoune of Abirzeldie v. Duncan Makwilliame in Kirktoune of Glentanner.

Cautioner Thomas Elmslaye in Glentanner.

13. Tutory. John Leslie of Wardes, having been appointed Tutor Dative to John
Gordoune, eldest lawful son of the late John Gordoune, apparent of Avachie, found
Gilbert Leslie, burgess of Abd., cautioner for his faithful exercise of the office. The
date of the gift was I July, 1622.

14. Loosings of Arrestments. John Leslie of the Cheppell v. Andrew Archibald,
alias Leithe, in Auld Craig. Cautioner Hector Davidsone, burgess of Abd.

10. James Watsone in Newloune of Sheiwes v. David Cone in Kellie. Cautioner

Robert Pirie in Justice Milnes.

I Probably in Old Aberdeen. 2 Now Bedlam.

263

Aberdeenshire Sheriff Court :

1622.

Augt. 28. Curatory. Mr. Arthur Jonston, Doctor of Physick, on the narrative that he was

" passing out of the realtne and uncertane of his returning," appointed Mr. Duncan
Forbes of Balnagask, John Forbes, his eldest lawful son, and Gilbert Jhonstoune of
Forresterhill as Curators ad tiles et negolia to his children, "James Lodvice Nicolas
and George, Marie and Susanna." The entry was signed by him (with the letters
D.M. after his name) and by the Sheriff Depute.

30. Loosings of Arrestments. Wm. Leslie, burgess of Abd. v. John Slot, Flashour

there. Cautioner John Troup, burgess there.

Septr. 5. Mr. James Forbes of Ilauchtoune v. Thomas Duncane in Montgarie. Cautioner

David Simsone, burgess of Abd.

7. Andrew Meldrum of Muirs of Fyve v. Patrick Cheyne in Kairthin. Cautioner

Thomas Cuming, citizen in Auld Abd.

John Meldrum at the Milne of Saock v. Magnus Smythe in Creimound. Cautioner
Wm. Haye in Nethirtoune of Creimondgorthc.

John Chalmer of Balnacraige v. Patrick Aidie in Stranduff. Cautioner Thomas
Fraser in Auld Beltie.

10. James Gordone of Knockaspak v. Alaster McAndrow in Steagamache. Cautioner

Peter Schewane, burgess of Abd.

17. John Gordoune of Craibstoune v. James Andersone alias Walkar in Milnehill.

Cautioner James Strachyne, Merchand, burgess of Abd. The crop growing upon the
" pownd fauld of Sklaittie."

19. George, Robert and John Mitschell, " bairnes to umquhill Chirstie Mitschell and
Alexander Maister of Forbes for his entres " v. Mr. John Duncane in Rynnie.
Cautioner Gilbert Stevine, burgess of Abd. The crop upon Barflet.

20. Patrick Sinclair of Auchrenie v. Wm. Robertsone in Skillimarnoe. Cautioner
Robert Keith of Auldmad.

21. John Cadell of Migwie v. Charles Dun in Kinkell. Cautioner Walter Dun in
Mamewlay.

27. Renunciation and Ratification. Mcatie [Matilda] Gordoune, widow of Wm.
Udnie of that Ilk, and Helen Cheyne, wife of Wm. Udnie, sometime of that Ilk, then
of Tillieave, by this Act renounced their rights (i) in the lands of Tillirye com'eyed by
Win. Udnie on the same day to John Setoune of Minnes and (2) in the lands of Minnes,
Crabidonald and Auchlowne, formerly conveyed to him. The widow also ratified a
conveyance granted by her on that day in favor of Wm. Udnie of the lands of Tillieave.

28. Loosings of Arrestments. George Eaird of Auchmedden v. Thomas Bruce in
Petnacadell. Cautioner John Bruce, Merchant in Petnacadell.

Octr. 5. John Gordoune of Auchlerellon v. John Mackcolmie in Brumhill. Cautioner

Wm. Reauche in Waster Brayroddack.

264

Judicial Enactments : Vol. EL, Contents

1622.

Octr. 8. Loosings of Arrestments. Robert Hunter in Brumhill v. Thomas Johnstoun in

Waster Towmads. Cautioner James Forbes, burgess of Abd.

15. Mr. Wm. Barclay, younger, of Kinmundies v. George Gray, John Cuschnie and
John Duncane, all in Cloghill. Cautioner James Cruikshank, Merchant, burgess of
Abd.

16. George Forbes of Auchintoull v. Wm. Lang in Asloune. Cautioner Tames Calder
fear of Asloune, who signed " Cadell."

Novr. 4. Wm. Keith in Auchronyes v. John Reid, Skinner in Auld Abd. Cautioner

Duncan Reid, Skinner, burgess of Abd.

8. James Duncane in Auld Mairdrum v. Margaret Williamsone at Dykend of Kirknie.

Cautioner John Leask, burgess of Abd.

II. George Crichtoune, elder and younger, of Creichies v. John May, younger, burgess

of Abd. Cautioner Andrew Milne, Armorar in Abd.

13. Mr. Robert Elphingstoune of Kinbrume v, John Brune at the Cheppell of Garioche.

Cautioner Robert Murdo, occupier of 8 oxengait of Drimmies.

15. Discharge of Wadset. The lands of Muir and east half of Tulliche in the
parish of Tulliche had been wadset by James Gordone of Knockaspak to Wm. Far-
quharsone in Cordrache for 2000 merks, who now appearing acknowledged that he had
been paid by Wm. Gordone, fear of Knockaspak, and declared the lands redeemed.
Two Notaries signed for Farquharsone, the Sheriff depute also adhibi'.ing his signature.

16. Loosings of Arrestments. James Johnstoune in Isaakstoune v. Thomas Burnet,
burgess of Abd. An arrestment in the hands of " Mr. Arthure Jhonstoune Doctor of
Physick " was loosed of consent.

James Forbes in Kinnellar v. Alexr. Irving in Feddraucht. Cautioner Robert
Irving of Feddraucht.

Report of Commission. Renunciation. There is entered of this date a Com-
mission dated 27 April, 1622, granted by Thomas Gordoune of Lytle Gowell, Sheriff
depute, and Mr. Wm. Andersone, Sheriff Clerk, in favor of Mr. James Forbes of
Hauchtoune and Wm. Forbes in Kinstair, Notary Public, as Sheriff depute and Sheriff
Clerk in that part, to take the Renunciation of Jeane Mowat, wife of Alexr. Calder of
Asloune, of the lands of Asloune and Muir in the parish of Awfuird, and also the
Renunciation of Janet Foullartoune, wife of James Calder, Fear of Asloune, of the
lands of Tonley, Findlatrie and Denmilnc in the parish of Touche, and of 12 oxengait
of Dorsaill in the parish of Awfuird. The Renunciations were to be in favor of James
Forbes in Colmellie, by whom the Report of the Commission was handed in of this
date. It embraced however the Renunciation of Janet Foullartoune only, which was
taken within the Hall of the house of Asloune on 5 May, 1622.

LL 265

Aberdeenshire Sheriff Court:

1622.

Novr. 22. Loosings of Arrestments. Mr. Andrew Logic, Minister of Premnay v. Susanna

Leithe, widow of John Forbes of Barnes. Cautioner Andrew Forbes, appeirand of
Capilhill.

25. Thomas Esplein in Newbiging v. James King in Cairnequhelp. Cautioner Andrew

King in Condaclaiche.

30. John Forbes of Polflug v. Gilbert Walkar in Air. Cautioner Alexr. Robertsone,
" Chirurgiane," burgess of Abd.

Deer. 17. James Ogiluie of Blearock v. Robert Aillhouss in Auchlochries. Cautioner George

Aillhouss, occupier of Milne and Milne lands of Karmuk.

21. Alexr. Volume in Boddome v. Robert Ord in the Mains of Inverugie. Cautioner
Wm. Ord, Wreicht, burgess of Abd.

24. George Bruce, Saidler, burgess of Abd. v. Wm. Walkar in Lytle Arnage.

Cautioner John Johnstoune, occupier of the Brew Croft at Cheppiltoune of Esslemonthe.

28. Helen King, widow of John Short, burgess of Abd. v. Mr. Gilbert Keithe,
Minister at Bourtie. Cautioner John Keith in Auchquorsk.

1623.

Jany. 7. Robert Keithe in Gavell v. Alexr. Jamisone in Kindrocht. Cautioner Alexr.

Burnet, burgess of Abd.

Manslaughter. The Procurator Fiscal, Mr. Wm. Barclay v. David Scot in Hall-
forrest. Cautioner Henry Barrone in Auld Abd. The person whose slaughter was
charged against Scot was Wm. Smart, sometime in Eicht.

22. Loosings of Arrestments. Wm. Ingrahame, burgess of Abd. and John
Ingrahame, his son v. John Ross in Berriehillock. Cautioner John Norie there.

John Ogiluie of Birnes v. Wm. Stewart in Ordley. Cautioner Andrew Meldrum
of Muirs of Fyvie.

23. James Paull in Brumehill v. Barbara Aberdein, widow of John Gawane in Mil-
toune of Fynnersie. Cautioner Patrick Forbes at the Milne of Fynnersie.

24. Wm. Ross in Auchlosin and Duncan Hall in Brathinche v. John Leay, portioner
of Wester Camphell. Cautioner Mr. James Irving, Advocate in Abd.

29. Andrew Duffes, " Kirk officiar of the parochin of Auchterless " v. Henry and Alexr.
Umphraye at the Kirk of Forge. Cautioner Robert Reidfuird of Bainesholl.

George Gordon of [? in] Tillinessill v. John Scot in [?] Petmedden. Cautioner
David Hendersone in Auld Abd.

31. James Cheyne of Arnage v. John Glennye in Rannyeshill. Cautioner Thomas
Glennye, occupier of 8 oxengait there.

366

Judicial Enactments: Vol. IE., Contents

1623.

Febry. 6. Loosings of Arrestments. Mr. James Ross, Minister of Abd. v. Walter

Elphinstoune, Glassin Wreicht, burgess of Abd. Cautioner Wm. Huisone, burgess of
Abd. " Four muskatis and thrie irone sollis of ane Hoatt-press."

8. George GorJone in [? of] Tillinessill v. Duncan Mitchell in Cividlic. Cautioner

Arthur Forbes, Webster and Friemane in Abd.

John Gordoune of Crabstoune v. Alexr. Galloway in Kingiswallis. Cautioner
Alexr. Jaffray, burgess of Abd., whose remarkable signature is appended to the entry.

14. Assault— Blood-drawing. The Procurator Fiscal, Mr. Wm. Barclay, and
Janet Boig and John Slaiker, her son v. George Browne in Auchterless, burgess of
Banff. Cautioner George Scot, burgess of Abd.

21. Loosings of Arrestments. George Gordone of Newtoune v. George Gordone

in Ranye. Cautioner George Broune, occupier of 10 oxengait land in Ranye.

25. Mr. Wm. Forbes, designed as "now of Craigyuer " v. James Mortimer, sometime

of Craigyver. Cautioner John Edward in Kirkis of Tillifour. Three years teind duty
of the lands of Litill Carinday was claimed.

George Gordone [? in] Tillenessill v. Alexr. Simsone in Keig. Cautioner Wm.
Symsone at the Milne of Keig.

March I. Alexr. Bisset in Lernie v. John Cowtis in Kirktoune of Kinnernye. Cautioner

James Gordone, burgess of Abd.

5. Patrick Cormak in Auchaber v. Matthew Cocker at the Milne of Baidinscothe.

Cautioner John Ilendrie in Auchterless.

8. James Grant, son and heir of James Grant, sometime in Delrassak, and John

Gordone, burgess of Abd., his factour v. John Andersone in Delrossack. Cautioner
Andrew Andersone, occupier of a plough of land in Overtowie.

18. Manslaughter. The Procurator Fiscal and David Leask in Invernettie v. Hew
Craufuird in Doighillock, charged with the slaughter of Alexr. Leask, son of the private
prosecutor. Cautioner Charles Craufuird in Auchquhortheis.

15. Loosings of Arrestments. Alexr. Gordoune of Dunkintie v. Bartholemew
Paxtoune in New Leslie. Cautioner John Forbes of Leslie.

19. John Davidsone, Tailzeor in Blackhillock v. Wm. Baxter in Auchincreive.
Cautioner Wm. Foullar in Cranboige.

29. Robert Gillanders in Glentanner v. Marret Midltoune in Glentanner. Cautioner

James Gordone of Knockaspak.

April 10. Thomas Laing in New Keig v. Duncan Schirref in Balquharne. Cautioner John

Forbes, burgess of Abd.

267

Aberdeenshire Sheriff Court :

1623.

April 15. Loosings of Arrestments. Thomas Laing in New Keig z>. Elspet Reid, widow

of Wm. Mearnes in Fawlsie and Robert Cruckshank in Syd, her husband. Cautioner
Mr. George Spence, Minister at Kinnethmont.

Jeane Chalmer, only la\vful " bairne" to the late Robert Chalmer, burgess of Abd.,
and Alexr. Chalmer, burgess there, her tutor v. Robett Smythe, Merchand, burgess
there. Cautioner Hector Smythe, Merchand, burgess there.

19. George Bruce, Saidler, burgess of Abd. v. Wm. Walkar, sometime in Cheppel-

toune then in Litle Arnage. Cautioner James Gordone of Fechill.

21. James Cheyne of Arnage v. Andrew Moreis in Auchterellone. Cautioner James

Beatoune, occupier of 8 oxengait of Ardlane.

29. Mr. Win. Fraser of Bishopes Clintertie v. John Midltoune there. Cautioner John

Fraser of Litle Clintertie.

May 17. Magnus Mowat of Balquhollie v. James Scorgeak in Bruimhill and James Wobster

in Lendrum. Cautioner Andrew Meldrum of Muirs of Fyvie.

21. Andrew Strathauchin, in Strathboigie v. Wm. Troupt of Balnacraig. Cautioner

Mr. John Strathauchin, portioner of Kincardine.

23. Margaret Keythe, widow of George Keythe of Glackriauche v. Wm. Hendersone
in Glenebraye. Cautioner Andrew Barclay of Steane of Benholm, Chamberlain to the
Earl Merschell of his Lordship's lands in Buchane.

24. Thomas Gordoune of Grandome v. Richard Drume in Denstoune. Cautioner
John Hervie, occupier of 10 oxengait of Boigholl.

26. Alexr. Lyone of Braka v. George Lyone in Comalegie. Cautioner Thomas

Gordone in Artlache.

John and Robert Duieget, portioners of Ruthven v. Elspet Gordone in Newtoune
of Ruthven, widow of John Glass of Pranny. Cautioner Patrick Reid of Smythiehill.

John Cheyne and Mr. Wm. Lumisden, Bailzies of Auld Abd. t>. Thomas Watsone
in Dubfuird. Cautioner Alexr. Meinzies, lawful son of the late Mr. Thomas Meinzies
of Balgownie. Peats, &c., upon the " Comontie of Corshill."

29. Mr. William Gordoune of Tilligreig v. James Simsone there. Cautioner Richard

Simsone there. The tenants houses and buildings.

John Keithe and William Leithe in A.uchquhorsk v. John Chalmer there.
Cautioner John Tillie there.

Sir Wm. Keythe of Ludquharne, Margaret Bannermane, his wife, and Alexr.
Keythe of Balmure v. Wm. Haye in Northseatt of Archedlie. Cautioner Thomas
Raynie in Mill of Archedlie.

268

Judicial Enactments: Vol. HI., Contents

1623.

May 30. Loosings of Arrestments. James Cheyne of Arnage and James Blackball in

Memewlie v. Wm. Johnstoune, alias Muck, in Memewlie. Cautioner Wm. Symmer,
occupiar of 10 oxengait of Easter Disblair.

George Johnstoune of Caskieben and Wm. Forbes of Knappernay v. Wm. Iron-
syde in Tillemaid. Cautioner Thomas Ironsyde, occupier of 12 oxengait of Cowlie.

31. George Baird of Auchmedden and Lilias Baird, his mother v. James Tailzeor in

Denquhithell. Cautioner Gilbert Quhyit, burgess of Abd.

Janet Duncane, widow of Abraham Forbes of Blacktoune v. Alexr. Duncane in
Wester Beltie. Cautioner Alexr. Attershank in Curquhattachie.

June 2. Thomas Ilaye in v. Andrew Huid in Cabrache. Cautioner Wm.

Thomsone in Boigincloche. ^42 in the hands of Robert Forbes in Brigend.

George Merser, Advocat in Auld Abd. v. Alexr. Skeyne in Drumbreck. Cautioner
John Skeyne, burgess of Abd. The sum of 330 merks in the hands of John Merser,
Saidler, burgess of Abd.

3. John Leslie of Wardess and Harie Turing of Saak v. Alexr. Leslie of Wreyis.

Cautioner Hew Gordoune of Cultis.

James Sudderland, servitor to John Leslie of Petcapill v. John Edmistoune, ser-
vitor to Barbara Gordoune, Ladye Troupe. Cautioner George Johnstoune of Caskieben.

Renunciation and Discharge. By her appearance on this day Dame Jane
Abirnethie, wife of George Gordun, elder, of Gicht, renounced and discharged all her
rights to the lands and barony of Meanye, in the parish of Belhelvie, in favor of William
Seatoune of Udny and Marjory Innes, his wife. She also ratified a contract for the
alienation and vendilion of these lands, entered into on the same day, between her
husband, herself and George Gordoune, younger, of Gicht, on the one part, and
Seatoune and his wife on the other part.

Renunciation and Discharge. The compearer in this case was Bessie Cheyne,
wife of John Gordoune of Tillachoudie, and the lands referred to were the lands and
barony of Auchterellone, which were being alienated to Alexander Udny of Ardbuckill,
burgess of Abd.

Loosings of Arrestments. Alexr. Fraser of Techmuirie and Margaret Hay,
his mother v. George Moir in Wachteniehill. Cautioner James Irvine of Auchezeoche.

Janet Duncan, widow of Abraham Forbes of Blacktoune v. Alexr. Duncane some-
time in Wester Beltie. Cautioner Thomas Duncane in Mill of Beltie.

5. Mr. Robert Lumisden of Auchinlek v. Andrew Low at the Milne of Feddrett,
sometime at the Craig Milne. Cautioner John Will in Bomakellie.

6. James Mitshell in Wedderburne v. George Murray in Drumdollo. Cautioner
Robert Dempster of Cuschnie.

269

Aberdeenshire Sheriff Court:

1623.

June 7. Judicial Obligation. Three of the tenants of Ashogill bound themselves to pay

yearly to John Lowsone, burgess of Abd., and Maitt [Matilda] Mengzeis, his wife, 800
merks per annum for relief of their master [laird], Sir Alexr. Hay of Delgatie, during
the non redemption of the lands and barony of Delgatie.

Loosings of Arrestments. Wm. Leslie in Auld Craig v. Sir Alexr. Hay of
Delgatie. Cautioner James Hay in Muiriefauld. An arrestment had been used in the
hands of Robert Innes of Bowenie [? Balvenie] and others.

John, Robert, George and Isobel Gillanders, lawful children of David Gillanders in
Cobillheuche v. Margaret Midltoune in Glentanner and John Sandesone in Tulliche.
Cautioner Wm. Gordoune, fear of Knockaspak.

Judicial Ratification. Marjory Gordone, wife of James Ogiluie of Auchleuchries,
here ratified a wadset of the Midlpleuche of Eister Auchleuchries to George Hay, law-
ful son of Alexr. Hay of Brun thill for 2500 merks.

Loosing of Arrestment. John Gordoune of Petlurge v. George Gordoune of
Pettiemerqueis. Cautioner John Gordoune of Cheppeltoun.

10. Renunciation and Discharge. Margaret Duff, wife of Adam Fraser of Fin-
zeauche, by this Act renounced her rights to the lands of Finzeauche, Meikill Abircattie,
Auchfrathie Faulds, Milne of Finzeauche, with the astricted multures of these lands,
and also of Eddindurnocht, Litill Abircattie and Ower and Nethir Tulloches, in favor
of David Anclersone, burgess of Abd.

11. Loosings of Arrestments. Wm. Forbes of Barnes v. Susanna Ley the and
Gilbert and Annas Forbes, as Executors or Intromitters with the estate of the late John
Forbes of Barnes. Cautioner Patrick Leslie of Flindars.

1 8. John Lumisdeane of Tillecarne v. James [?] Selie there. Cautioner Gilbert Raye,

Cordoner and Crofter at Cowlie.

21. Renunciation and Discharge. Janet Foullartoune, wife of James Calder,

younger of Asloune, by this Act renounced and discharged, in favor of her father-in-law,
Alexr. Calder, elder of Asloune, " All tytle and richt of tearce conjunct fie lyvrent or
uther richt quhatsumewir shoe hed hes or anywayes maye clame ather of stock or teind
of Tonleye, Meikill Findratrie and Denmill " in Touche. She farther passed, in like
manner, from her right to "jtuell oxingait lands of Dorsaill " in Awfurd, in favor of Mr.
Andrew Skeyne of Cheppeltoune for whom John Leslie of Abirloure appeared as pro-
curator.

Renunciation and Discharge. Jeane Mowat, wife of Alexr. Calder, elder of
Asloune, by this Act renounced, in favor of Mr. Andrew Skeyne of Cheppeltoune and
James Forbes in Collmellie, her rights to Asloune and Mures and Owerhills of Asloune.

28. Loosing of Arrestment. Adam Abircrombie of Thriefeild v. John Crombie,

Maissone in Bonytoun. Cautioner Alexr. Abircrombie, portioner of Buchanstoun.

270

Judicial Enactments: Vol. HI., Contents

1623.

June 28. Renunciation. William Keythe in Kairndell here renounced, in favor of

Alexander Irving, fear of Beltie, and Isobel Irving, his wife, all his rights to the
" Middle pleuche of Oweraltrie " in the parish of Deir.

July i. Loosing of Arrestment. Robert Ross in Ililtoune, James Ross in Craigtoune

and Patrick Strauchin in Stranduff v. James Ross in Milne of Coull and Elspet Fraser,
his wife. Cautioner Alexr. Ross, burgess of Abd.

2. Renunciation and Discharge. Janet Forbes, wife of George Dilgarno in Peit-
hill of Kinrnuck, renounced her rights to the " sune halff " of Porterstoune in the parish
of Monkeigie in favor of George Johnstoune of Caskieben.

3. Renunciation and Discharge. Katherine Gordon, wife of John Seatoune of
Thornetoune, renounced her rights to the town and lands of Thornetoune in favor of
Ninian Seatoune in Kirktoune of Bourtie in liferent, and Mr. Wm. Seatoune, his son,
in fee.

5. Loosings of Arrestments. George Ogiluie of Carnowsies v. Henry Massie,

Patrick Massie and Wm. Lind in Ouchterellone, John Pirie, John Lind, John Bisset,
John Smythe and Andrew Moreis in Yondertoune, Robert and Andrew Mair in Cuiks-
toune and George Prierie at the Milne of Ouchterellone. Cautioner Wm. Gray Bailzie,
burgess of Abd. Peats, &c. in the Mosses of " Ardgrane and Peltie and Commontie
thairof."

8. George Gordoune of Coclarachie v. Katherine Gardyne, widow of Mr. John Leythe,
Commissary of Abd., and her tenants. Cautioner George Adamsone in Blairtoune.
Peats, &c. on Colpnay and Pettens.

9. Wm. Gordoune of Abirzeldie v. Alexr. Skeyne of that Ilk. Cautioner Robert
Skeyne of Tillebirlache. Peats, &c., on the " Hill of Fair."

11. John Dowertie at the Milne of Pettye v. John Watsone at the Milne of Iden.
Cautioner John Meldrum in Tocher.

12. Cattle-lifting. The Procurator Fiscal and Wm. Leask, younger, of that Ilk v.
John Mar in Tillibreks. Cautioner George Gordone of Gicht by his procurator Mr.
Arthur Watt. The charge was " the alledgit thifteous steilling of sewin oxen and tua
ky out of the toun and lands of Nothro and ane kow furth of Alexr Forbes byre in
Luddache."

Loosings of Arrestments. John Cormak at the Kirk of Daviot v, Wm. Smythe
in Ardune. Cautioner Andrew Johnstoune, Friemane Meassone in Abd.

14. John Leslye of Petcapill v. George Johnstoune of Caskieben and his tenants.

Cautioner James Johnstoune of Isakstoune. Peats, &c., in the Mosses of Crimond.

1 8. George Ogiluie of Carnowsies v. Robert Gordoune in Blinburne. Cautioner

Patrick Ledgertwood in Bourhills of Esslmonthe. Peats, &c., in the Mosses of Piltachie.

27I

Aberdeenshire Sheriff Court :

1623.

July 19. Renunciation and Discharge. Janet Leslie, wife of Alexr. Lyone of Comalegie,

renounced her rights to Braka, Glasha, Midiltoune, Quhytwall and Milne of Glasha in
favor of Mr. Patrick Gordoune of Braka.

21. Loosings of Arrestments. George Ogiluye of Carnowsies v. John Gordoune of

Buckie, Walter Cheyne in Tilledesk, James Logane in Elphine, Gilbert Bodye in Todil-
hills and Alexr. Buchane of Auchmacoye. Cautioner Patrick Legertwood in Bourhillis.
Peats, &c. , in the Mosses of Ardgrane and Piltauchie.

28. Theft. The Procurator Fiscal and Patrick Young, indwellar in Abd., v. Wm.
Russell, Webster, burgess of Abd. Cautioner Thomas Clerk, Webster, burgess of Abd.
" Ane web of tuedling harden " was said to have been stolen.

29. Loosings of Arrestments. Wm. Wod in Heddirweik v. Andrew Glenny in
Caskieben. Cautioner John Stewin in Maynis of Caskieben.

Augt. 8. Elspet Gordoune, widow of John Glass of Prannie and Patrick Glass, her son v.

George Forbes in Migvie. Cautioner George Andersone in Tulloche.

George Harrow at the Brig of Die v. Wm. Elder there. Cautioner James
Gordoune, burgess of Abd.

12. Removing. John Moir and Alexr. Cristall, occupiers of parts of the Maynes of
North Colpnaye, agreed, under certain reservations, to remove from their holdings, in
favor of George Gordoune of Coclarachie, as heritable proprietor.

15. Sale of Growing Crop by Tenant to Landlord. Henry Ord was feuar of
Harrows Croft on the east side of the Uenburn of Abd. Being behind with his feuduty,
as well as in debt to Mr. Thomas Johnestoune, burgess of Abd., the superior, for a
supply of seed bear and not able to harvest his crop " be reasone of the skearsnes this
present yeir," Ord sold his crop to the landlord.

27. Curatory. Alexr. Keythe, eldest lawful son of the late Mr. Alexr. Keythe,

portioner of Duffes, appeared and chose Alexr. Irving of Drume, James Irving of
Brucklaw and John Irving of Artamphart, as his curators. The two latter were present,
accepted office, took the oath defideli and became cautioners for each other.

Septr. I. Loosings of Arrestments. Thomas Fraser of Streichin v. Robert Auld in Over

Ardlethin. Cautioner George Young, occupier of 12 oxengait land there.

3. Thomas Shand, burgess of Ab.l. v. John Lamb in Boddomes of Mamewleye.

Cautioner Adam Gordoune in Milltoune of Kellye.

1 3. James Ogilvie of Auchleuchries v. John Cordoner there. Cautioner Wm. Waus
at the Milne of Brogane.

John Grige, Skipper in Fraserisbruche and Alexr. Crawfuird, portioner of Rayne
v. James Andersone in Corthibrae. Cautioner Alexander Clerk in Hous of Hill.

16. John Duiged of Ruthven v. Elspet Gordoune, widow of John Glass of Pranny.
Cautioner John Gordoune, burgess of Abd.

272

Judicial Enactments: Vol. EL, Contents

1623.

Sept. 1 6. Loosings of Arrestments. Arthur, Lord Forbes v. Patrick Reid of Smyddiehill

and Helen Mortimer, his wife. Cautioner Patrick Wilsone, occupier of 8 oxengait of
Belhenny.

19. Wm. Garioche in Petinkirie v. John Garioche in Kinstair. Cautioner Mr. Robert
Elphinstoune of Kinbrume.

20. Thomas Mutray of Clubisgowell v. James Black, sometime in Halckhillock then
in Scotistoune. Cautioner James Cassie in Quhytstripes.

22. Thomas Erskeyne of Balhaggardie v. Wm. Stewin in Inverurie. Cautioner
Andrew Stewin, Litster, burgess of Abd.

23. Thomas Erskeyne of Balhaggardie v. John Gordoune in Drimmeis and whole
tenants of Drimmeis. Cautioner Angus Andersone in Newtoune. Both this and the
preceding entry refer to boundary disputes on the banks of the Ury.

25. Alexr. Forbes of New v. Alaster Troupe in Deskrye. Cautioner Mr. James Elfin-

stoune of Barnes.

27. John Gordoune, younger, of Craige v. Thomas Erskeyne of Balhagardie.

Cautioner Mr. Alexr. Jaffray, Balzie, burgess of Abd. A boundary dispute — Craikis
hauche on Drimmeis being mentioned.

30. Mr. James Elphinstoune of Barnes v. Patrick Gordoune in New Glanderstoune.

Cautioner John Gordoune in Feddie.

Octr. 3. John Robertsone, alias Bonar, Fermorar in Abd. v. John Troup in Gilcomestoune.

Cautioner Wm. Mukart, burgess of Abd. What was here specially arrested was the
" haill cornis beir and aitts presentlie growand on the sched of land in Gilcomestoune
on the northe syd of the gait that passis the Stokit Heid."

4. Patrick Leithe of Liklieheid v. Patrick Watsone in Auchlewin. Cautioner Wm.

Forbes of Bairnis.

6. Jean Forbes, lawful daughter of the late James Forbes of Wester Thomads v.

Thomas Johnstoune in Belnacraige. Cautioner James. Forbes, burgess of Abd.

John Gordoune of Tillielt v. James Gordoune in Park. Cautioner Adam Gordoune
in Miltoune of Kellie.

25. Alexander, Maister of Forbes v. James Garioche of Kinstairis. Cautioner Wm.

Gariauch of Tillechetlie. The " customes of the landis of Corsindaye intromettit with
be the said James " were in question.

Warding. Obligation to Re-enter. John Garioche in Badevine, who was in
ward by virtue of Letters of Caption at the instance of Alexander, Maister of Forbes,
was now released on an obligation by James Garioche, elder, of Kinstairis and Wm.
Gariauch of Tillechetlie to re-enter him, on or before 20 November, under pain of 1000
merks to be paid to the Maister of Forbes, for whom Mr. Patrick Chalmer, servitor to
the Sheriff Clerk, appeared.

MM 273

Aberdeenshire Sheriff Court:

1623.

Octr. 28. Upkeep of Buildings by Liferentrix. William Forbes of Bairnes having

caused a charge to be given to Susanna Leythe, the liferentrix of Bairnes, Rothnie,
Drumrossie Hillockis and Miln thereof and Claylatches to uphold the buildings, &c.,
on the lands, Andrew Forbes of Newhillis, her son, now became cautioner for her,
that she would fulfil her statutory obligations in that respect.

Novr. 7. Loosings of Arrestments. Alexander Strauchin of Glenkindye v. Alaster

Robertsone in Glenbucket. Cautioner John Gordoune, son of James Gordoune of
Knockaspak.

15. George Moir in Tilliemaid v. John Haye in Cask of Crudane. Cautioner John
Murraye, occupier of " tua pleuches" of land in InvernQttye.

Archibald Baxter in Nether Park v. Alexr. and Jeane Collie in Eister Eischindilly
and Wm. Collie, their tutor. Cautioner Alexr. Collie, occupier of 8 oxengait in Kirk-
toune of Durris.

17. Alexr. Melwing in Craigerne v. Duncan Crombie in Glenheid. Cautioner Wm.

Raye in Kintoir.

[A leaf missing here.]

29. Tutory. Patrick Leyth of Kirktoune of Rayne presented a gift, dated 18

November current, to the office of Tutor to John Leythe, only lawful son and apparent
heir of his brother, the late Mr. Wm. Leythe of Newlandis, accepted office, took the
oath defideli and found Andrew Stewin, Litster, burgess of Abd., as his cautioner.

Deer. 12. Loosings of Arrestments. Simon, Lord Fraser of Lovatt v. Alexr. Fraser, son

of the late Sir Alexr. Fraser of Frasrisburche, knight, and whole tenants of Pettulie,
whose rents were arrested. Cautioner Thomas Robertsone in Pettulie.

13. Agnes Forbes, widow and executrix of John Wod in Milnebuye and wife of Harie
Gordoune v. John Key the in Tartowie. Cautioner John Keythe in Auchquhorsk.

16. James Birny, Webster, burgess of Abd. v. Andrew Meldrum and John Duncane,
Merchandes, burgesses of Abd. Cautioner George Cruikshank, Merchand, burgess
there.

1624.

Jany. 6. Revocation of Deeds granted in Minority. Margaret Sinclair, only child of

the late George Sinclair of Dumbeathe, being then 22 years of age, by this Act revoked
all deeds done during her minority by herself or her Tutors or Curators to her hurt.
She specially revoked a Bond made between her and Alexander, Maister of Forbes, on
5 July, 1622, whereby on the advice of Arthur, Lord Forbes, there was to be paid to
Margaret Forbes, Lady Dumbethe, her mother, and Claud Hamiltoune, now husband
of the said Margaret Forbes, a sum of ^400 per annum for the maintenance of the said
Margaret Sinclair.

10. Loosings of Arrestments. Magnus Mowat of Balquhollye v. Patrick Webster

in Wood-end of Tollye. Cautioner Wm. Barclaye of Ordley. The crop on Lyndrume.

14. John Conone in Kildrimmye v. Robert Pairker at the Milne of Glenkindye.
Cautioner John Sibbald, burgess of Abd.

274

Judicial Enactments: Vol. ffl., Contents

1624.

Jany. 16. Loosings of Arrestments. John Turing of Foverane v. Alexr. Keythe in

Newbruche. Cautioner John Liddell, Cuper, burgess of Abd.

Feby. 6. George Andersone of Aird v. Grissal Rattraye in Frasrisbruche and John Scot, her

son. Cautioner Andrew Fraser there. Money in the hands of James Fraser of Tyrie.

Alexander Lesly in Cultis v. George Davidsone, Webster in Wrayes. Cautioner
George Merser, Advocat in Auld Abd.

19. John Mackomie and George Andersone, Chamerlanes to George, Marqueis of

Huntlye v. Elspet Ross, daughter and executrix of James Ross in Milne of Coull.
Cautioner Peter Moir, Merchand, burgess of Abd.

24. Patrick Ley the in Sullavethie v. John Auchinleck in Mill of Montgariauche.
Cautioner John Leythe, son of John Ley the of Quhythauche.

25. Gilbert Meinzies of Pittfoddellis v. Margaret Irving, widow of Gilbert Meinzies of
Pittfodclellis, and John Collace, fear of Bonnamone, then her husband. Cautioner Wm.
Philip at the Mill of Pittfoddellis, occupier of the Mill and 4 oxengait of Westertoune
of Piltfoddellis. Rent in the hands of James Barnet in Hill of Faulds.

March 3. John Forbes of Petsligo v. Isobel Huisone, widow of James Fergusone, burgess of

Abd. Cautioner Martin Huisone, burgess there.

6. Wm. Seatoune of Disblair v. James Seatoune in Coulie. Cautioner Thomas

Irnsyd in Coulie.

8. Wm. Lyndsaye, burgess of Abd. and Thomas Pirie at the Milne of Dilsproe v.

James Moresone, sometime in Auld Gowill and then in Kinmundie. Cautioner James
Black, occupier of 8 oxengait of Scotistoune.

18. Alexr. Fraser of Boigheidis as Bailzie and Chamerlane to William, Earl Mershell

v. Mr. Andrew Skene in Overtoune of Dyce. Cautioner John Skene, Merchand,
burgess of Abd.

27. Wm. Irving of Beltie v. Wm. Keythe, sometime in Over Altrie, then in Ardmachar.

Cautioner John Muire in Deire.

April I. Katharine Leivingstoune, Patrick Morgen and George Cowtis z/. John Westland in

Edinbanchorie. Cautioner John Forbes of Edinbanchorie. The subjects in dispute
were the effects of the late Arthur Morgen in Drumnahuiff and of Beatrix Westland,
his wife.

Adam Gordone of Boigholl, Patrick Hepburne at the Litill Mylne of Essilmonthe
and Patrick Forbes at the Milne of Meany v. Hector Davidsone, Mailman, burgess of
Abd. Cautioner James Gordone, burgess of Abd.

10. Robert Forbes of Eicht v. Alexr. Smythe in Kirktoune of Eicht. Cautioner James

Irving at the East Mylne of Drum.

275

Absrdeenshire Sheriff Court:

1624.

April 20. Loosings of Arrestments. George Gordoune of Newtoune v. John Wilsone

in Lonheid of Newtoune. Cautioner Wm. Beithe in Wasthall.

24. Mr. Walter Forbes of Auchreddie v. Thomas Will there. Cautioner Wm. Chessor

in Corbishill.

Mr. Wm. Burnet, Minister at Kinnairnie v. James Mortymer, sometime of Craigi-
war. Cautioner James Clark, Webster, burgess of Abd.

27. Wm. Gordone o